LIBRARY OF CONGRESS. 



Chap.. _ Copyright No. 

Shenli£i>4-£S 

1*97 



UNITED STATES OF AMERICA. 

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■ VV I £ ■ - 



CIVIL GOVERNMENT 



FOR 



NORTH DAKOTA 



BY 

won-* 



/ 

A. L. WOODS, A. M., 



Editor of the Common School, and late Superintendent of Schools 
of Walsh County, North Dakota. 



A. L. WOODS, PUBLISHER, 

GRAFTON, NORTH DAKOTA, 
I897, 






COPYRIGHT, 1897, BY A. L. WOODSo 



Pioneer Press Company, 

Printers and Electrotypers, 

St. Paul, Minn. 



PREFACE. 

Not that there are not enough civil governments 
already before the student world, is this book pub- 
lished, but because, since the legislature in 1895 
made it compulsory to teach civil government in the 
common schools of the state, there has been a con- 
stant call on the part of the teachers for some book 
that would deal minutely with the civil government 
of North Dakota. The outlines from which this 
book w r as developed were used by the author and 
other instructors in the institutes of 1895, and there 
seemed to meet with the approval of the teachers. 
The book is not intended as a philosophical study 
of the subject of political economy, but deals rather 
with the facts of government as the pupils find 
them. For North Dakota pupils, North Dakota gov- 
ernment is best suited. Children grasp the concrete 
sooner than the abstract; therefore the greater part 
of the book has been devoted to the concrete treat- 
ment of the forms of government directly about 
them. Enough space has been given to the national 
government to encourage the older pupils to con- 
tinue the study of our national institutions. 

If this book in any way stimulates the interest 
already taken in the study of civil government in 
our common schools, the author will be satisfied. 
In placing this volume before the public we wish to 
acknowledge our obligations to C. E. Jackson, super- 
intendent of schools of Pembina county, and W. L. 
Stockwell, superintendent of schools of Grafton 
City, who have kindly looked through most of the 
manuscript and made valuable suggestions w T hich 
have been incorporated. 

Grafton, N. Dak., Jan. 21, 1897. A. L. W. 



TO THE TEACHERS 

OF NORTH DAKOTA, 

who, during the past two years, have so faithfully 
endeavored to prepare themselves for teaching the 
important subject of civil government which has 
been so recently added to the course of study of 
our common schools, is this book fraternally dedi- 
cated by its author. 



CONTENTS. 



PART I. 

Subordinate Governments. 

SECTION I. 

GOVERNMENT IN GENERAL. 

Page. 
Chap. I. Introductory 9 

Chap. II. Governments Classified 10 

SECTION II. 

THE SCHOOL DISTRICT. 

Chap. III. Special Districts 14 

Chap. IV. Independent Districts ....... 16 

Chap. V. Common School Districts 18 

Chap. VI. School Board 20 

Chap. VII. Duties of School Officers 23 

Chap. VIII. Teachers 26 

Chap. IX. Support of Schools 29 

Chap. X. Attendance, Text Books, Flags .... 33 

SECTION III. 



THE TOWNSHIP. 

Chap. XI. Congressional Township 36 

Chap. XII. Civil Township 39 

Chap. XIII. Township Meetings and Officers ... 41 

Chap XIV. Powers and Duties of Officers .... 43 

Chap. XV. Highways, Pounds, Debts 48 



CIVIL GOVERNMENT. 



Chap. 
Chap. 
Chap. 



Chap. 
Chap. 
Chap. 
Chap. 
Chap. 



Chap. 
Chap. 
Chap. 
Chap. 
Chap. 



Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 
Chap. 



SECTION IV. 

VILLAGES AND CITIES. 

XVI. Origin and Name 52 

XVII. Village Organization 54 

XVIII. City Organization 58 

SECTION V. 

THE COUNTY. 

XIX. Introductory 64 

XX. County Organization and Officers . 66 

XXI. Powers and Duties of Officers ... 70 

XXII. Salaries of Officers 79 

XXIII. Debts, Poor, Boards 85 

SECTION VI. 

THE JUDICIARY. 

XXIV. Classification, Definitions .... 89 
XXV. Justices* and County Courts ... 91 

XXVI. District Courts 94 

XXVII. Juries and Witnesses 96 

XXVIII. Supreme Court and Boards of Concili- 
ation 101 

SECTION VII. 

THE STATE. 

XXIX. Introductory 105 

XXX. The Constitution 109 

XXXI. Legislative Department 112 

XXXII. Bills, Laws, Etc 118 

XXXIII. Executive Department 121 

XXXIV. Appointive Officers 131 

XXXV. State Boards 135 

XXXVI. Public Institutions 143 

XXXVII. Elections . . .154 

XXXVIII. Revenue and Taxation 163 

XXXIX. Education and Militia 166 

?CL. Impeachment, Prohibition, Amend- 
ments 169 



PART II. 

National Government. 

SECTION I. 

ORIGIN OF THE GOVERNMENT. 

Chap. XLI. Early Colonial Developments . . . 173 

Chap. XLII. Later Colonial Developments . . . 176 

Chap. XLIII. Birth of the Nation 178 

Chap. XLIV. The Constitution 182 

SECTION II. 

ANALYSIS OF THE CONSTITUTION. 

Chap. XLV. Introductory 186 

Chap. XL VI. The Legislative Department .... 188 

Chap. XLVII. Powers and Duties of Congress . . . 199 

Chap. XLVIII. How Laws Are Made 204 

Chap. XLIX. Legislative Powers of Congress . . . 207 
Chap. L. Prohibitions on the National Govern- 
ment 218 

Chap. LI. Prohibitions on the States .... 222 

Chap. LII. Executive Department 225 

Chap. LIII. Powers and Duties of President . . 234 

Chap. LIV. Judicial Department 243 

Chap. LV. Relations of the States 249 

Chap. LVI. Amendment and Miscellaneous . . 254 

Chap. LVII. The Amendments 259 



TO THE TEACHERS. 



This book is intended as a text-book to be placed in the 
hands of the pupils of the sixth, seventh, and eighth grades, 
and to serve as a guide to the teacher in teaching civil gov- 
ernment orally to the lower grades. In treating the subject 
the question has frequently arisen as to what should be 
omitted. In the "points for development" we have hinted 
at many things which the progressive teacher will carefully 
develop. Most teachers would have developed these points 
anyway, but by placing them close to the regular text, the 
pupils will become interested in them for themselves. The 
teacher should exercise judgment as to how much of these 
should be developed. The teacher in the country should 
make a specialty of the points that will interest and benefit 
country pupils; likewise in the villages and cities. Xo 
teacher will be expected to be ready with every point, but 
if the teacher is actuated with the true spirit of investiga- 
tion, the pupils will imbibe that spirit and wonderful re- 
sults will follow. The sources from which information on 
these points may be gained are various. Much can be 
learned by the pupils themselves by questioning their par- 
ents, the school officers, or other officers with whom they 
may come in contact. The school law, the newspapers, 
books of reference, histories, etc., will supply much. County 
superintendents and other county officers will aid with 
blanks and suggestions. Before assigning each day's lesson 
the teacher should be able to direct the pupils to the points 
that could be reasonably developed with the facilities that 
are at hand. Don't expect too much of the pupils at first, 
as this subject of civil government opens up an entirely 
new field of investigation to most of them. Teach the sub- 
ject with a view to the instilling of patriotism with every 
lesson. It is recommended to develop the various topics 
under Part II. in the same manner that Part I. is developed. 



PART I. 

SUBORDINATE GOVERNMENTS. 



SECTION I. 

Government in General. 



CHAPTER I. 



INTRODUCTORY. 



Government Defined. — Government as ap- 
plied to mankind is a system of rules, either written 
or unwritten, intended to control and benefit all. 
Government is older than civilization, beginning 
when men in their savage state first began to assem- 
ble in families or communities. It is probable that 
family government was the earliest form of govern- 
ment, and it continues the most general form of 
government to-day. Every child is familiar with its 
workings and understands more or less fully its un- 
derlying principles. Tribal government, no doubt, 
followed family government, and was a step toward 
civilization. As civilization advanced government 
became more extensive and complex, until it has 
become the greatest study of the students of the 
world. 

Points for Development —Why is government neces- 
sary? What is anarchy? What is the result of good fam- 
ily government? Give illustrations of tribal government 
in America. Is tribal government to be found to-day? 

(9) 



10 CIVIL GOVERNMENT. 

Civil Government. — Civil government as a 
science is in its broadest sense a study of all the 
laws of all nations as adopted or accepted as a guide 
to the outward conduct of man to man. In its more 
limited sense it is the study of a few of the more 
general principles of law with which every good 
citizen should be familiar in order to thoroughly 
understand his duty to his government and to his 
fellow man. In a still more limited sense is it treated 
in this book, much the larger part of the work 
being devoted to that which will tend better to fit 
the pupils of our schools to become citizens of North 
Dakota. 

Points for Development —Why was the study of civil 
government added to the course of study for the common 
schools of North Dakota? Who will be the public officials 
twenty-five years hence? Why should girls study civil 
government? Give a definition of a good citizen. 



CHAPTER II. 



GOVERNMENTS CLASSIFIED. 



Kinds of Government. — Ina treatise on civil 
government only two kinds of government need to 
be considered at present. Theocracy, plutocracy, 
aristocracy, oligarchy, and kindred forms are no 
longer in existence. Even democracy in its fullest 
sense is not to be found. The two forms of govern- 
ment prevailing throughout the world to-day are 
monarchy and republic. Monarchies are divided 



GOVERNMENTS CLASSIFIED. 11 

into two classes, absolute and limited. Of the for- 
mer class but few remain in the civilized world. 
The latter approach so near the republic that their 
civil government becomes almost identical. It is 
therefore with the civil government of republics that 
we shall deal almost wholly. 

Points for Development.— What are theocracy, plutoc- 
racy, aristocracy, oligarchy, democracy, patriarchate? Name 
two absolute monarchies in Europe. Why have govern- 
ments tended from absolute monarchies towards republics? 
Is family government a monarchy or republic? 

Monarchy. — A monarchy is a country whose 
chief ruler or monarch is designated by the title of 
king, emperor, kaiser, czar, or by some similar title. 
His authority continues during life and usually de- 
scends to some one of his family. An absolute 
monarchy is one in which the monarch has absolute 
control of all the affairs of the nation and is not 
restricted in any of his acts by laws of the country. 
A limited monarchy is one in which the chief ruler 
is restricted in his acts by laws enacted by repre- 
sentatives of the people, and in this respect is like 
the republic. 

Points for Development.— Name the titles of monarchs 
of the principal monarchies of the world. Define a he- 
reditary monarchy. Name a monarchy that is not hered- 
itary. Name the two principal limited monarchies of Eu- 
rope. What American countries are governed by European 
monarchies? Name the present monarchs of Europe. 

Republic. — A republic is a country whose chief 
ruler is elected by the people or their representa- 
tives for a term of years and whose laws are made 



12 CIVIL GOVERNMENT. 

by representatives elected by the people. In this 
form of government the people are the real rulers. 
They simply delegate to a chosen few of their own 
number the power for a time to make and execute 
their laws. In this way laws are secured which are 
acceptable to the majority of the people. The na- 
tions of the world are tending toward republican 
forms of government. The most civilized nations 
are republican in reality, if not in name. Of the 
republics the most conspicuous example is the 
United States. 

Points for Development— Name the two great repub- 
lics. What is the usual title of the chief executive of a 
republic? What was the last monarchy in America, when 
did it become a republic, and who was its last emperor? 
Why do republics prevail in the western hemisphere, while 
monarchies prevail in the eastern? 

United States and its Divisions.— The United 
States as a republic is divided into forty-five states, 
five territories, and one district, each of which 
is a republic within itself. The states and ter- 
ritories are again divided into counties, these coun- 
ties for the most part are divided into townships, 
and in some cases the townships are divided into 
school districts, each and all of which are repub- 
lican in their forms of government. It is with these 
republics that we have principally to deal in this 
treatise, and it has seemed best to begin with the 
smallest subdivisions, with which the pupils are 
most familiar, gradually following up through the 
other divisions, until we see all united in the national 
government. Therefore, the order in which they will 



GOVERNMENTS CLASSIFIED. 13 

here be treated will be, the school district, the 
township, the village or city, the county, the state, 
and the nation. 

Points for Development— Name the territories. Why 
is it better that the country is divided into states? Give 
reasons to prove that a township has a republican form of 
government, and is the nearest approach to a democratic 
from of government that now exists. 



SECTION II. 

The School District. 



CHAPTER III. 



SPECIAL DISTRICTS. 



Districts Classified. — In North Dakota there 
are three classes of school districts, special districts, 
independent districts, and common school districts. 

Points for Development— What is the prime object of 
education? Are our schools free schools in every respect? 
Do all the states have free schools? What is the percentage 
of illiteracy in North Dakota? In which class of districts 
do you live? 

Special Districts Classified. — Under special 
districts there are two classes, those that are oper- 
ating under special acts of the territorial legislature, 
and those which are operating under a general law 
for such districts. Of the former there are only 
eight, namely: Fargo, Jamestown, Grafton, Lisbon, 
Mayville, Hankinson, Walcott, and Waziya, the pro- 
visions for the government of which differ somewhat 
from one another. The latter includes all cities and 
incorporated towns and villages which were for- 
merly organized under the general school laws and 
were provided with a board of education. 

Points for Development.— What was the territorial leg- 
islature? How many special districts in your county? 

(14) 



SPECIAL DISTRICTS. 15 

Special Districts; How Formed, —Any city 

or incorporated town or village having a population 
of over three hundred inhabitants, or any city or- 
ganized under a special act, may become a special 
district as follows : A petition signed by one-third 
of the voters of such city, town, or village, asking 
for the formation of such special district, must be 
presented to the council or board of trustees, who, 
on receiving such petition, shall call a meeting of 
the voters to vote upon the question, and a majority 
of all votes cast shall be necessary to authorize the 
formation of such district. 

Points for Development— What cities, towns, or vil- 
lages in your county, not now special districts, might be- 
come so? Make out a petition asking for a special district. 
What is a council or board of trustees? Is there any dif- 
ference between them ? 

Officers of Special Districts. — The school 
board shall consist of five members who shall be 
elected on the third Tuesday in June for three 
years, except in case of first election. The board 
shall elect a president from its own members, and 
a clerk, not one of its own members. The treas- 
urer of the city, town, or village, shall be the treas- 
urer of the special district. 

Points for Development.— For what terms are the offi- 
cers elected at the first election? (See School Law.) 
What is the advantage of five rather than three members 
of the board? 

Advantages of Special District— The laws 
governing the special district enable the school 
board to establish a system of graded schools, to 



16 CIVIL GOVERNMENT. 

maintain a high school, to purchase sites and erect 
school buildings, to impose upon teachers further 
requirements than those imposed by the county su- 
perintendent. No teacher can be employed who 
does not hold a county or state certificate. 

Points for Development.— What are graded schools? 
How many grades below the high school? How may school 
house site be obtained when the owner is not willing to 
sell? 



CHAPTER IV. 



INDEPENDENT DISTRICTS. 



Cities May Become Independent Districts. — 

Any city formerly organized for school purposes 
under a special law and provided with a board of 
education may become incorporated as an independ- 
ent school district. 

Points for Development.— Are there any independent dis- 
tricts in your county? 

Independent District; How Formed. — Any 

city organized for school purposes as stated above 
may become an independent district as follows: A 
petition signed by one-eighth of the voters of such 
city, asking for the establishment of such inde- 
pendent district, must be presented to the city coun- 
cil, who, on receiving such petition, shall call a meet- 
ing of the voters to vote upon the question, and a 
majority of all the votes cast shall be necessary to 
authorize the establishment of such district. 



INDEPENDENT DISTRICTS. 17 

Points for Development — Prepare a notice to call a 
meeting to vote upon the question of establishing an inde- 
pendent district. 

Officers of Independent Districts.— The school 
board shall consist of one member from each 
ward of the city, and if there be an even number of 
wards, one member elected at large, and the elec- 
tion shall be held on the third Monday in April. 
The board shall elect one of its own members presi- 
dent and shall elect a secretary who may or may not 
be a member of the board. The treasurer of the 
city shall be the treasurer of the independent dis- 
trict. 

Points for Development.— What is a city ward? What 
does it mean by elected at large? 

Advantages of Independent District. — The 

advantages accruing from the special district are 
also applicable to the independent district. Some 
further powers are conferred upon the board of edu- 
cation, so that prompter action is secured in cases 
of emergency. The board has power to issue 
bonds; also to employ and remove teachers at 
pleasure, which would seem to indicate that the 
teachers of such schools are removed from the juris- 
diction of the county superintendent. 

Points for Development.— Why is prompt action often 
more necessary in a city than in a country district? Is 
it an advantage or disadvantage to the independent dis- 
trict to have the teacher removed from the jurisdiction of 
the county superintendent? Why? 



CHAPTER V. 



COMMON SCHOOL DISTRICTS. 



Common School Districts Classified.— By far 

the larger part of the schools of North Dakota 
are acting under the general school law and may 
for convenience be classed as common school dis- 
tricts. These are divided into two classes, or sys- 
tems, designated as the district system and the 
township system. 

Points for Development— What is a general law? Is 
your school under the district or township system? Why 
are there the two systems? Give the various steps for the 
organization of a new school district. 

District System. — In the district system the 
size and shape of the district is not limited, but 
usually contains only sufficient territory to support 
one school. It is usually irregular in form and may 
include in its limits parts of two or more townships. 
Its boundaries may be changed by vote of the 
county commissioners upon petition of voters resid- 
ing within the limits of the proposed change. Only 
five counties of the state have the district system 
namely: Pembina, Walsh, Grand Forks, Cass, and 
Barnes. 

Points for Development— Draw sectional map of your 
school district, locating in it your school house. Prepare a 
petition for change of boundary of school district, if you 
live in district county. 

(18> 



COMMON SCHOOL DISTRICTS. 19 

Township System. — In the township system 
the township is the basis of the school district and 
the limits of the township are the limits of the dis- 
trict, unless natural barriers practically prevent 
children from attending school in the township in 
which thev reside. In such case a portion of a 
township may be attached to another township for 
school purposes. In all other cases the district 
must not be less than the congressional township, 
and in many cases includes two or more townships. 
In this system there are usually seyeral schools in 
each district. 

Points for Development.— if you liye in a township dis- 
trict draw sectional map of same and locate all the schools 
in the district. Are any of the districts of your county 
larger or smaller than a congressional township? Is there 
territory in your countj^ still unorganized into school dis- 
tricts? 

Similarity of the Systems. — Although these 
two systems differ in respect to method of organiza- 
tion, size, and form, yet there is no material differ- 
ence in the laws regulating the control of the same. 
The officers are the same, they haye the same du- 
ties, the teachers are goyerned by the same regula- 
tions, and the schools are subject to the same 
requirements. Therefore the details of the two sys- 
tems will be treated together. 

Points for Development.— How many schools are neces- 
sary for the convenient accommodation of the children in 
an ordinary township? Draw plat and locate such schools. 

Advantages and Disadvantages of the Two 
Systems. — The district system has the advantage 
that each community has the control of its own 



20 CIVIL GOVERNMENT. 

school, and in many ways can make rules and regu- 
lations advantageous to the local eonditions. On 
the other hand, the township system has the advan- 
tage of securing better officers, having a larger field 
to choose from, also of being less costly, one set of 
officers having control of several schools. 

Points for Development— Can you name any further 
advantages to be gained by either system? In the town- 
ship system can a child in any part of the district attend 
any school in the district that he pleases? 



CHAPTER VI. 



SCHOOL BOARD. 



Officers of Common School Districts.— The 

officers of a common school district consist of three 
directors, a treasurer, and a clerk. 

Points for Development. — Discuss the advantages of hav- 
ing only three officers, one of the directors serving as 
president, one as treasurer, and the other as clerk. 

Qualifications of Officers. — The directors 
and treasurer must be qualified electors of the dis- 
trict in which they are elected. The clerk may or 
may not be an elector. Women qualified to vote on 
school questions are qualified to hold the office of 
director, treasurer, or clerk. 

Points for Development.— Who are electors? What quali- 
fications must women have to vote? 



SCHOOL BOARD. 21 

Election of Officers. — The annual school elec- 
tion is held on the third Tuesday of June, at which 
time one director is elected, and in even numbered 
years a treasurer. Also if a vacancy in the office 
of director or treasurer has occurred during the year 
some one must be elected to fill the unexpired term. 
The polls for election of officers shall be open from 
2 o'clock p. m. to 5 o'clock p. m. 

Points for Development. — Why is not the election of 
school officers held in November with other elections? De- 
fine polls. 

Notices of Election. — At least fifteen days 
before the third Tuesday of June the school board 
shall designate a polling place convenient for the 
voters, which place is usually the school house, and 
shall cause a notice of the election to be posted in 
three or more conspicuous places in the district. 

Points for Development.— Fill out properly a notice of 
election. Whose duty is it to post the notices? 

Election ; How Conducted.— There should be 
two judges and two clerks at every school election. 
Any two of the directors may act as judges, and the 
clerk of the school board as one clerk and the other 
clerk may be selected by the voters present at the 
opening of the polls. If the directors or clerk be 
absent, those present at the opening of the polls may 
select others to fill the places of judges and clerks. 
Ballots may be written or printed and should have 
on them above the name of person voted for, 
the name of office; for instance, "Director for three 



22 CIVIL GOVERNMENT. 

years/' "Treasurer for two years/' or in case of fill- 
ing vacancy, "Director for one (or two) years/' 
"Treasurer for one year." 

Points for Development.— Organize an annual school 
election among the pupils, going through with the whole 
process, from the posting of the notices to the canvassing 
of the votes. Is an election legal, if fewer than four per- 
sons be present? 

Canvass of Vote. — As soon as the polls are 
closed the judges must proceed to count the votes, 
and the persons receiving the highest number for 
each office shall be declared elected. In case of a 
tie vote those having the same number of votes shall 
agree among themselves the manner of deciding 
the election, and within three days must meet and 
decide, by lot or otherwise, which of them shall hold 
the position. 

Points for Development.— In canvassing the vote does 
the term "highest number" mean majority or plurality? 
Illustrate with figures the difference between majority and 
plurality. 

Term of Office.— The term of office of direct- 
ors is three years, of treasurer two years, and of 
clerk during the pleasure of the board. In the first 
election in a new school district, one director is 
elected to serve until the first annual election, one 
until the second, and one until the third annual elec- 
tion. The treasurer is elected to serve until the 
next even numbered year. 

Points for Development.— Why not elect all three of 
the directors in the same year for a term of three years? 
Discuss the question of longer or shorter terms for directors 
or treasurer. 



SCHOOL BOARD. 23 

Meetings and Organization of School 
Eoard. — The school board shall meet regularly 
four times a year, on the second Tuesday of Janu- 
ary, April, July, and October. At the regular meet- 
ing in July of each year they shall organize by elect- 
ing one of their number president, and some person, 
not of their number, clerk. They may hold special 
meetings at the call of the president or of the other 
two members. 

Points for Development.— Why does the board organize 
in July of each year? What important business has the 
board at the January meeting? 

Fees of School Officers. — Each director is 
entitled to eight dollars a year, but must forfeit 
from this sum two dollars for every regular meet- 
ing that he fails to attend. The salary of the treas- 
urer and clerk is fixed by the school board and shall 
not be less than five dollars nor more than twenty 
five dollars each. Judges and clerks of annual elec- 
tion are not entitled to compensation. 

Points for Development.— Reasons for and against fees 
for directors. What are the salaries of treasurer and clerk 
in your district? 



CHAPTER VII. 



DUTIES OF SCHOOL OFFICERS. 



Duties of School Board. — The school board 
is the legislative or law-making body of the school 
district. They have the care and control of all the 



24 CIVIL GOVERNMENT. 

property belonging to the district. It is their duty 
to organize and maintain one or more schools in 
the district, to see that all necessary repairs to 
school property are made, and to furnish necessary 
fuel and supplies for the schools. They shall em- 
ploy teachers and may dismiss them for violation 
of contract, immorality, or neglect of duty. It is 
their duty to provide for the maintenance of school 
the lawful number of months each year, and for 
that purpose shall, at their regular meeting in July 
or before, make a levy upon the property of the 
district not to exceed thirty mills on the dollar. 
They shall see that all school laws of the state re- 
lating to the common school districts are enforced, 
and shall carry out all lawful enactments of the 
voters of the district. 

Points for Development. — Who should be elected as di- 
rectors? Who are the directors of your district? Can 
the board delegate its authority to any one member or to 
the clerk to engage a teacher? What are enactments of 
the voters? Can you name any duties of school boards not 
enumerated above? 

Duties of President of Board. — it is the 

duty of the president to preside at all meetings of 
the board, to see that the clerk carries out all orders 
of the board, and to sign all contracts and warrants. 
He is the chief executive officer of the district. 

Points for Development.— What are warrants? What is 
an executive officer? 

Duties of the School Treasurer.— It is the 

duty ot the treasurer to give a bond to the school 
district, signed by two or more securities to be ap- 
proved by the board, and drawn in an amount 



DUTIES OF SCHOOL OFFICERS. 25 

double the money likely to come into his hands in 
any one year. He shall pay all warrants when pre- 
sented if there is any money in his hands or subject 
to his order. He shall make a written report to the 
school board at the close of each school year, copies 
of which must be filed in the offices of the district 
clerk and the county superintendent. 

Points for Development.— With whom is the treasurer's 
bond filed? Do warrants draw interest if not paid when 
presented to the treasurer for payment? What sort of a 
person should be selected for treasurer? What are secu- 
rities? 

Duties of the Clerk. — The clerk, as his title 
implies, is to keep a record of all the proceedings 
of the board, and under the direction of the presi- 
dent is to see that the school law T s of the state and 
the provisions of the district and board are carried 
out. He must make an enumeration of all the chil- 
dren between the ages of six and twenty in the dis- 
trict on the first day of December of each year and 
transmit a copy of the same to the county superin- 
tendent. At the close of each school year he shall 
make out an itemized statement of the condition of 
the district, a copy of which, after being approved 
by the school board, must be sent to the county 
superintendent. He shall keep on file all books 
and papers of the district. The clerk is often the 
chief adviser of the school board and the most influ- 
ential officer in the district and should, therefore, 
be selected with much care. 

Points for Development.— In what sense is the clerk an 
executive officer? Secure a copy of the clerk's last re- 
port and discuss its various items. What books are neces- 



26 CIVIL GOVERNMENT. 

sary for the school officers? Are these books furnished by 
the state? Give the chief requisite of a good clerk. Secure 
copies of all blanks used in clerk's office and discuss each. 

Vacancies; How Filled — A vacancy is caused 
by resignation or death of any officer, by his perma- 
nent removal from the district, or by his refusal or 
neglect to perform his duty or to qualify according 
to law. A vacancy in the office of president or clerk 
must be filled by the school board, and this may be 
done at any regular or special meeting of the board. 
A vacancy in the office of director or treasurer 
must be certified by the clerk to the county superin- 
tendent, who will appoint some person to fill the 
vacancy until the next annual school election, at 
which time the district must elect to fill the unex- 
pired term. 

Points for Development.— Write a letter of resignation 
as director or treasurer. When does a resignation go 
into effect? Give an example of neglect to perform duty. 
Organize a school board, elect officers, report proceedings 
on proper blanks to county superintendent, fill vacancies or 
report such as the case may require. 



CHAPTER VIII. 



TEACHERS. 



Qualifications of Teachers. ^-Teachers in the 
common schools and in the special districts operat- 
ing under the general law must have the following 
qualifications: They must possess a good moral 
character, must be at least eighteen years of age 



TEACHERS. 27 

must bold a certificate issued by the state depart- 
ment or by the superintendent of the county in 
which they wish to teach, and must have a written 
contract signed by the president and clerk of the 
school board. 

Points for Development.— Name other qualifications nec- 
essary in a good teacher. Can a teacher collect salary 
if she teach without a certificate? without a written con- 
tract? Why is eighteen selected as the age necessary to 
qualify one for teaching? Should a teacher before receiv- 
ing a certificate have professional training ? 

Examination of Teachers. — Examinations are 
held by the county superintendents on the second 
Friday of January, March, May, July, September, 
and November. Questions are supplied for these 
examinations by the state superintendent. Each 
applicant for a certificate pays one dollar to the 
county superintendent, and all such fees are depos- 
ited with the county treasurer for an institute fund. 

Points for Development.— Why should private exami- 
nations not be held? Should examinations be more fre- 
quent or not so frequent? Secure lists of examination ques- 
tions for the pupils to study. 

Grades of Certificates. — County certificates 
are of three grades, first, second, and third. In 
addition to these a permit may be given to any one 
who can show good reason for not being present 
at the last examination, and is valid only until the 
next examination. For a first grade certificate a 
candidate must have taught at least twelve months, 
must be twenty years old, and must pass an exami- 
nation in reading, writing, orthography, language, 
grammar, geography, United States history, arith- 



28 CIVIL GOVERNMENT. 

metic, civil government, physiology and hygiene, 
theory and practice of teaching, physical geography, 
natural philosophy, psychology, algebra, and geom- 
etry. For second and third grade the applicant 
must be eighteen years of age, but may not have 
taught. An applicant for second grade must pass 
in the first eleven branches mentioned above and 
for third grade in the first ten. The percentages 
required to pass are prescribed by the superin- 
tendent of public instruction. 

Points for Development.— Are county certificates valid 
in other counties than those in which they are issued? 
For how many years are certificates valid? What percent- 
ages are now required to pass? 

Duties of Teachers. — All teachers shall teach 
the branches prescribed in the course of study for 
the common schools as soon as the pupils are suf- 
ficiently advanced to pursue the same, and shall 
give special instruction in the subject of physiology 
and hygiene on the topic of alcoholic drinks, stimu- 
lants, and narcotics. They should give notice to 
county superintendent of opening and closing school, 
keep the register complete in every particular, and 
make out a full report to the clerk and county super- 
intendent at the end of the term. They can not 
receive the last month's salary until such report is 
made. They are required to attend institutes and 
teachers' associations, and are subject to penalties 
for failure to do so. The school month, day, etc., 
as prescribed by law or custom are as follows: 
School month, twenty days; school week, five days; 
school day to begin at 9 o'clock in the morning and 
continue until noon with an intermission of fifteen 



TEACHERS. 29 

minutes; afternoon session to begin at 1 o'clock 
and continue until 4 o'clock with same intermission 
as in forenoon. 

Points for Development.— Name other duties of teachers. 
Why is there a special provision in regard to alcoholic 
drinks, etc.? What are the principal items in a teacher's 
report? What are the penalties for failure to attend insti- 
tute or association? 

Rights of Teachers. — Teachers have the right 
to receive their salary at the end of each month 
except the last, to govern the school in any reason- 
able manner without interference from patrons, to 
suspend pupils for cause for not more than five days, 
to read the Bible in school each day without sec- 
tarian comment, and to have as holidays besides 
Saturdays and Sundays all state holidays, which are 
as follows: Jan. 1, Feb. 22, May 30. July 4, Dec. 25, 
every day on which an election is held throughout 
the state, and every day appointed by the president 
or governor for a public fast, thanksgiving, or holiday. 

Points for Development— Should a teacher use corporal 
punishment in the government of a school? Who are pa- 
trons of schools? What should be a good cause for sus- 
pension of a pupil? Has a teacher a right to teach on a 
holiday to "make up" for some day lost? 



CHAPTER IX. 



SUPPORT OF SCHOOLS. 



Schools; How Supported. — Schools are sup- 
ported from three different financial sources, by 
bonding, by direct levy, and by state tuition fund. 



30 CIVIL GOVERNMENT. 

The fund obtained from bonding is supposed to be 
used in the purchase of sites, erection of buildings, 
etc., while that obtained from direct levy or from 
the state is for the most part used in paying teach- 
ers' salaries, interest on bonds, and incidental 
expenses connected with the schools from year to 
year. 

Points for Development.— What is a site? Who owns 
the sites and buildings? Name some incidental expenses. 
AY hen was your school house built? At what cost? 

Bonds; How Issued. — Bonds in common school 
districts and in special districts operating under 
the general law can be issued only by vote of the 
electors of such districts; and in the common school 
districts can not exceed four per cent of the 
assessed valuation, and in special districts can not 
exceed five per cent. In independent school dis- 
tricts bonds are issued by order of the school board 
instead of by vote of the people. 

Points for Development- is your district bonded? For 
how much? When due? How will the bonds be paid? 
Why should bonds not exceed a certain per cent? What is 
the valuation of your district? For how much could your 
district bond? 

Direct Levy. — The school boards of common 
school districts and special districts operating under 
the general law make an estimate each year of the 
amount of money needed for the use of the schools 
for the next year, deduct from this the amount likely 
to come in from the state, and then make a levy 
on the taxable property of the district not to exceed 
thirty mills to the dollar. This levy is certified to 



SUPPORT OF SCHOOLS. 31 

the county auditor immediately after the twentieth 
day of Jul3 T and such levy is collected as other taxes 

of the county. 

Points for Development.— How much did your school 
board levy last July? About how much do your schools 
cost each year? How much might be levied this year? 
Who collects the school tax? How much would be the 
school tax on a thousand dollars' worth of property in your 
district this year? 

State Tuition Fund. — The schools of the state 
are supported to quite an extent by what is called 
the state tuition fund. This fund is distributed to 
the counties quarterly by the state department, 
each county receiving its proportionate part accord- 
ing to the number of children of school age residing 
in the county on the first day of the preceding 
December. The amount received by the schools 
from this source during the past few years has been 
between four and one-half and six dollars annually 
for every child enumerated in each district. This 
fund is from various sources, but has been classified 
under two heads, fund from interest and income, 
and fund from fines, taxes, etc. 

Points for Development.— How many children of school 
age in your district? In your county? In the state? How 
much was the tuition fund per child last year? How much 
did your district receive? Are married persons under 
twenty years of age enumerated? 

Interest and Income. — The interest and income 
fund is derived from the school lands of the state. 
In every township in the state sections 16 and 36 
are set apart by national law to be used exclusively 
for the support of the common schools of the state. 



32 CIVIL GOVERNMENT. 

In case either of these sections had been taken 
before the government survey was made, some other 
sections were selected. This land is either leased or 
sold. It can not be sold for less than ten dollars 
an acre, and, therefore, only a small part of it has 
yet been sold. The proceeds from the sale of these 
lands must be invested by the state and is known 
as the permanent school fund; for, if any portion 
of the investment be lost, the state must make it 
good. The interest accruing from the permanent 
fund and the income from the leases of all land 
not sold constitute the interest and income fund 
apportioned quarterly to the common schools. 

Points for Development.— Draw a township and mark 
the school sections. Have the school sections in your town- 
ship been sold? Was any part of them taken before the 
survey was made? Who are living on the school sections 
in your township? If they are sold, how much was re- 
ceived for them? If leased, what is the annual rental? 
How is most of the permanent fund invested? At what 
rate? 

Fines, Taxes, Etc. — The state tuition fund is 
greatly increased each year by fines, taxes, etc. All 
fines for violation of state laws, any miscellaneous 
sums of money not belonging to any other state 
fund, and all taxes levied by the state for common 
school purposes, belong to this portion of the fund. 
The state school tax is one dollar for each elector 
of the state, called a school poll tax, and two mills 
on every dollar of taxable property. 

Points for Development —How much would the state 
school tax be in your township? How much is the state 
school tax in your county? 



CHAPTER X. 

ATTENDANCE, TEXT-BOOKS, FLAGS. 



School Attendance. — Every child in a common 
school district, between the ages of six and twenty, 
is entitled to attend the schools of the district and 
to receive instruction in the branches of the pre- 
scribed course of study for common schools, but is 
not entitled to instruction in any other branches. 
Every child between the ages of eight and fourteen 
in any district is obliged to attend school at least 
twelve weeks in each school year, six weeks of 
which must be consecutive, unless for one of the fol- 
lowing reasons: That the child is taught in some 
approved private or other public school for the same 
length of time; that the child has already acquired 
the branches taught in the schools; that the child 
has physical or mental disability; or that the child 
resides more than two and one-half miles from the 
nearest school in the district. 

Points for Development.— Why should not a pupil be en- 
titled to instruction in the higher branches in the common 
schools? May any language except English be taught? 
What is compulsory attendance? Why should it be en- 
forced in a free country? Is it enforced in your district? 

Compulsory Attendance; How Enforced.— 

It is the duty of all parents and guardians to secure 
the attendance of their children as required by law, 
but in case of failure on the part of the parent or 
guardian, then it is the duty of the president of the 
school board to bring action against such parent or 

3 (33) 



34 CIVIL GOVERNMENT. 

guardian through the courts, and upon conviction, 
such parent or guardian is subject to a fine of not 
less than five nor more than twenty dollars, and for 
the second offense, of not less than ten nor more 
than fifty dollars. Attendance might often be 
secured if clerks would confer with teachers just 
before the beginning of the last three months of 
school, ascertain the names of those who were likely 
to fail in complying with the law, and send a state- 
ment of the facts to the parents or guardians of such 
children. 

Points for Development.— Give some reasons that par- 
ents might have for not complying with the compulsory 
law. Through what court should action be brought against 
the parent or guardian? Are school officers likely to bring 
action against their neighbors to enforce the compulsory 
law? If not, suggest some better method for enforcing the 
law. 

Free Text -Books. — Any district may supply 
free text-books to its pupils on the following condi- 
tions: A petition signed by a majority of the quali- 
fied electors of the district asking that the question 
be submitted to vote of the district must be pre- 
sented to the school board. The question shall then 
be voted on at the next annual election, and if a 
majority of votes cast are in favor of free text- 
books, they shall be supplied at the expense of the 
district. 

Points for Development.— What are the advantages of 
free text-books? Would free text-books be more beneficial 
to the rich or to the poor? Make out a free text-book peti- 
tion. 



ATTENDANCE, TEXT-BOOKS, FLAGS. 35 

Flags for Schools.— Every district is required 
by law to purchase a flag for each school house in 
the district, and such flags are to be displayed each 
school day. 

Points for Development.— What is the object of a flag 
in every school? Does your district comply with the 
flag law? What is a good size for a school flag? 



SECTION III. 

The Township. 



CHAPTER XL 



CONGRESSIONAL TOWNSHIP. 



Origin of the Township.— During the settle- 
ment and development of the eastern states the peo- 
ple assembled into communities and organized local 
governments. As other local governments sprang 
up, the people on the lands around the centres of 
these governments naturally desired to attach them- 
selves to one or another of these governments. 
Therefore lines were agreed upon separating the 
various political divisions. These divisions were 
necessarily irregular in size and shape, but were 
for the most part convenient in size for all the 
inhabitants thereof to meet together to make their 
laws. When the government survey was begun, 
investigation was made, and it was found that the 
most convenient size of these divisions for political 
purposes was about six miles square. So all lands 
that were not then settled and divided were laid out 
into tracts six miles square. The tracts in the east 
are called towns, in the south they are sometimes 

(36) 



CONGRESSIONAL TOWNSHIP. 37 

called parishes, while those in the west are called 
townships, and are designated as congressional 
townships and civil townships. 

Points for Development.— Why do people assemble into 
communities? What were the objects of the early govern- 
ments in the New England states? When all the people 
meet together to make laws, what is the government 
called? 

Congressional Townships; How Laid Out — 

About the time of the adoption of the constitution 
plans were developed for the government survey 
of the unoccupied lands. From that time public 
lands have been surveyed in advance of settlement 
as fast as it seemed to be needed. By this survey 
the lands are divided into squares as nearly as pos- 
sible, about six miles on each side. As a starting 
point for the survey a prime meridian must be 
chosen and a base line crossing it at right angles. 
The first prime meridian selected now forms the 
western boundary of Ohio. All of North Dakota 
north and east of the Missouri is from the fifth 
prime meridian, which passes through the mouth of 
the Arkansas river. The rest of North Dakota is 
from the sixth prime meridian, which is 97° 22' w T est 
longitude. The base line from which North Dakota 
is surveyed passes just south of Little Rock, Arkan- 
sas. Congressional townships, as these government 
divisions are called, are numbered east and w T est 
from these prime meridians, and north and south 
from the base lines. Rows of these divisions run- 
ning east and west are designated as townships, and 
running north and south as ranges. 



38 CIVIL GOVERNMENT. 

Points for Development.— What is the object of govern- 
ment survey? Has all of North Dakota been surveyed? 
Is your county all surveyed? What is the longitude of the 
fifth prime meridian? Draw map of your county and di- 
vide it into congressional townships. Number the town- 
ships and ranges. How many miles is your township north 
of the base line? About how many miles west of the prime 
meridian? 

Why Townships Are Not Square. — The 

North and south boundaries of townships, since they 
follow parallels of latitude, are equally distant from 
each other at all points, while the east and west 
Loundaries, since they follow meridians of longitude, 
are constantly approaching each other toward the 
pole. To avoid to some extent this constant nar- 
rowing, a correction is made every twenty-four 
miles, and this line is called the correction line. But 
townships will always be a little narrower at the 
north than at the south. 

Points for Development.— Is there a correction line in 
your county? Indicate it on your map of the county. How 
much of a correction is made in your county? Find out the 
exact dimensions of your township. Divide it into sections 
and number them properly. 

Congressional Townships; How Divided. — 

The congressional township is divided into thirty- 
six smaller squares called sections. Each section 
contains about one square mile and is again sub- 
divided into quarter sections. Posts are placed at 
the corners of sections as well as at the quarter 
lines. Quarter sections are sometimes divided into 
what are called eighties or forties. 



CIVIL TOWXSHIP. 39 

Points for Development.— Draw sectional map of the 
township in which you live. Locate the section on which 
you live, the quarter, and the site of the house. Designate 
each by its proper reading. Divide a section into eighties and 
forties and designate each by its proper reading. What 
reading is there on the section posts or stakes? What on 
the quarter posts? Do those on the township and range 
lines have the same markings? If lost, could one locate 
himself by the reading on the posts? 



CHAPTER XII. 



CIVIL TOWXSHIP. 



Origin of Civil Township. — When the people 
in a congressional township become numerous 
enough to feel the need of some common improve- 
ments, such as building bridges, improving roads, 
etc., they often desire to have an organization of 
their own for those purposes. Hitherto they have 
been under the general government of the county, 
with little influence over matters pertaining to the 
welfare of their special township. At the same time 
they are aware that the new privileges which they 
will acquire will also cause them new costs, so they 
are not always anxious to become a separate organi- 
zation until their numbers and property are such 
that they can easily afford the extra expense. In 
fact in some counties of the state all, or nearly all 
the townships, are still congressional townships. 
The congressional township is in no sense a political 



40 CIVIL GOVERNMENT. 

division. When it becomes organized into a politi- 
cal corporation it is called a civil township. A civil 
township sometimes contains more than one con- 
gressional township. 

Points for Development.— Do you live in a civil town- 
ship? What is its size? What other reasons than those 
given might a township have to become organized? Are 
most of the townships of your county civil or congres- 
sional? How many of each? What is a political division? 
Are there any civil townships in your county containing 
more than one congressional township? 

Civil Townships; How Organized. — The county 
commissioners alone have the power to organize a 
civil township. The township must contain at 
least twenty-five legal voters, a majority of whom 
must petition the commissioners for the organiza- 
tion of such township. The commissioners so peti- 
tioned must determine the boundaries and name 
the new township. If a majority of the voters have 
expressed a wish for a certain name, such name 
shall be adopted, otherwise the commissioners shall 
select one. The commissioners shall appoint the 
place of the first township meeting, which must be 
held within twenty days after the township is 
organized. 

Points for Development.— What congressional townships 
of your count3 T have the requisite number of voters to be* 
come civil townships? Make out a petition to the commis- 
sioners for organization of a civil township. Draw map 
ef county, locating each civil township by name. When 
was your township organized? Who signed the petition? 
Why was it named as it is? Who were the first onicers? 



TOWNSHIP MEETINGS AND OFFICERS. 41 

Powers of Civil Township. — A civil town- 
ship is a legal corporation and has all the powers 
of corporations; to sue and be sued, to purchase 
and hold land, to make contracts, and to transact 
such business as may be deemed conducive to the 
interests of its inhabitants. 

Points for Development.— What is a corporation? Un- 
der what conditions might a township desire to hold land? 
Name other powers of a civil township. 



CHAPTER XIII. 



TOWNSHIP MEETINGS AND OFFICERS. 



Township Meetings.— The annual meetings of 
the township are held on the first Tuesday of March, 
and at a place selected by the voters at the previous 
annual meeting. At these annual meetings officers 
are elected and such other business transacted as 
may legally come before them, such as: to raise 
such sums of money as they may deem necessary 
for roads, bridges, poor, and other expenses, to 
establish rules and regulations for the benefit of the 
town, etc. No business can be transacted except 
such, as was specified in the notices. 

Points for Development— Where does your township hold 
its meetings? Have yon attended a township meeting? 
How much money was raised at your last township meet- 
ins? What special rules, or by-laws, has your township? 



42 CIVIL GOVERNMENT. 

Township Meetings; How Conducted. — The 

meeting shall be opened between nine and ten 
o'clock in the forenoon and closed whenever the 
business to come before it has been completed. If 
the clerk is present he calls the meeting to order. 
If not the electors present choose a temporary chair- 
man. Three judges are also elected and duly sworn. 
A moderator shall then be chosen, and the clerk or 
some person elected in his absence shall act as clerk 
of the meeting. The moderator shall state the busi- 
ness of the meeting in the order in which it is to be 
considered. Before proceeding to election of officers 
proclamation shall be made of the opening of the 
polls, and a similar proclamation before the closing 
of the same Likewise a proclamation will be made 
before the opening or closing of the polls of any 
election or balloting during the meeting. All the 
officers enumerated in the following section shall 
be elected by ballot, the names of all being placed 
on one ballot. The name of each person voting is 
recorded in the poll book. Votes are handed to the 
judges and by them deposited in the ballot box. 
The judges count and canvass the ballots and the 
clerk keeps the record of the same and at the close 
announces publicly the result. 

Points for Development— Why are judges necessary at 
township meetings? What are the duties of the moderator? 
Make out notice of township meeting, including all items 
of business that, would generally come before such meet- 
ing. Organize and conduct a township meeting, taking 
up such business as was contained in the notice. Is the 
township, so far as it is allowed to make laws for itself, 
a democracy? In what sense is it a republic? 



POWERS AND DUTIES OF OFFICERS. 43 

Officers of Township.— The officers of a civil 
township are three supervisors, a clerk, treasurer, 
assessor, two justices of the peace, tw T o constables, 
and one overseer of highways for each road dis- 
trict in the township. One of the supervisors is 
designated on the ballots as chairman. Justices of 
the peace and constables are elected only once in 
two years. Any elector in the township is eligible 
to any office in the township. All elected officers 
must take the oath of office, and the clerk, assessor, 
treasurer, justices, and constables must give bonds, 
the bond of the assessor, justices, and constables 
to be five hundred dollars, and that of the treasurer 
to be double the amount of money he is to receive 
during his term. 

Points for Development.— Who are the officers of your 
township? How many electors in your township? What 
is the oath of office that is usually given? What are offi- 
cers' bonds? Get a blank bond and fill it in properly. 

Vacancies. — Vacancies are filled by the appoint- 
ing board, which consists of the justices of the peace 
and the board of supervisors. 

Points for Development. — How may vacancies be caused? 



CHAPTER XIV. 



POWERS AND DUTIES OF OFFICERS. 



Powers and Duties of Supervisors.— The 

township board shall meet at the office of the clerk 
or at the place of holding annual meetings, four 
times each year, on the last Tuesday of February 



44 CIVIL GOVERXMEXT. 

and March, the fourth Monday of June, and the last 
Tuesday of October. These meetings shall continue 
from ten o'clock a. m. to four o'clock p. m. At these 
meetings they may approve bonds of township 
officers, audit accounts, and transact such other 
township business as does not belong to other town- 
ship officers. Special meetings may be called in 
case of emergency, in which case the clerk must give 
three days' notice. It is the duty of the board to 
draw orders for the payment of incidental expenses 
and for all purposes for which money has been 
raised by the township. The board shall prosecute 
and defend all actions for and against the township. 
Any two members of the board shall constitute a 
quorum for the transaction of business. 

Points for Development.— Why are special days desig- 
nated for the meetings of the board? Is there special busi- 
ness which must be transacted on any of these four days? 
What does it mean by "audit accounts"? Importance of 
electing good business men as supervisors. What is meant 
by the term quorum? 

Duties of Clerk. — The clerk may admin- 
ister oaths and take acknowledgments. He shall 
have charge of all the record books and papers of 
the township, and shall keep a record of the pro- 
ceedings of all township or board meetings. 

Points for Development.— What is an acknowledgment? 
Why are the records of a township important? Should the 
qualifications of a clerk differ from those of a supervisor? 

Duties of Treasurer.— The township treasurer 
shall have charge of all moneys belonging to the 
township and shall pay them out at the order of the 
proper township officers. He shall keep a true 



POWERS AND DUTIES OF OFFICERS. 45 

account of all moneys received and disbursed by 
him, and within five days of the annual township 
meeting shall file with the clerk a completely item- 
ized statement of the same. 

Points for Development.— From whom does the township 
treasurer receive the township moneys? Who can order 
the payment of moneys? If the treasurer has no money 
with which to pay warrants when presented, what is done? 
What should be the qualifications of a treasurer? 

Duties of Assessor. — The assessor shall as soon 
as practicable after the first day of April in each 
year secure from every holder of property in the 
township a list of all the property in the township 
owned by said person, and such list must be certi- 
fied to by oath. If any person refuses to furnish 
such list or take such oath, then the assessor shall 
estimate, as best he can, the amount of property 
owned by such person and shall list the same. On 
or before the first Monday of July the assessor must 
deliver to the county auditor an assessment roll 
containing itemized lists of all the property holders 
and their property in the township. 

Points for Development— Who are non-resident property 
holders? Must they also give list of property? What is 
the penalty for refusing to give list of property or certify- 
ing to the same? What is the penalty for false swearing 
in regard to property? What is the difference between real 
estate and personal property? 

Powers of Justice of the Peace.— The town- 
ship justice must have an office within his own town- 
ship, but his jurisdiction extends to any part of the 
county. His court is always considered open, he is 
his own clerk, and he has jurisdiction in all civil 



46 CIVIL GOVERNMENT. 

actions when the amount in controversy does not 
exceed two hundred dollars. He may also issue war- 
rants for arrests and may officiate in certain crimi- 
nal cases. 

Points for Development— Where are the offices of the 
justices of your township? What is the difference between 
a civil and a criminal case? What qualifications are im- 
portant for a justice of the peace? 

Powers and Duties of Constable.— The town- 
ship constable is a peace officer, and he has the 
power to make arrests anywhere in the county when 
armed with a proper warrant, or without warrant 
w r hen a public offense has been committed in his 
presence, or when he knows or believes a person 
has committed felony. 

Points for Development. — What is a peace officer? What 
is felony? Who can issue warrants to a constable? 

Supervisors as Board of Health. — The super- 
visors in addition to their general duties shall con- 
stitute a board of health. It is their duty to exam- 
ine into all nuisances, sources of filth, etc., and make 
such regulations regarding these as may seem neces- 
sary for the public health. They may quarantine 
any infected person and establish a hospital when 
any dangerous disease breaks out in the township. 

Points for Development.— What are some public nui- 
sances which endanger health? What is a quarantine? 
Why have supervisors almost unlimited powers in case of 
epidemic or dangerous diseases? What diseases in this 
state would most need attention from the board of health ? 

Duties of Overseers of Highways. — Each 
overseer must repair and keep in order the roads 
in his district, must notify all persons when labor 
is due from them, collect all fines accruing to the 



POWERS AXD DUTIES OF OFFICERS. 47 

road fund, furnish to the clerk a list of all persons 
in his district liable to work on the highways, and 
carry out in general the lawful orders of the super- 
visors relating to the highways. 

Points for Development— How many road districts in 
your township? What are their limits? Who are exempt 
from work on the highways? Give an outline of the con- 
tract system of repairing roads. What are its advantages 
and disadvantages? 

Fees of Officers. — Supervisors and clerk each 
receive one dollar and fifty cents for each day neces- 
sarily devoted to the service of the township, when 
attending to business in their township, and two 
dollars a day when attending to business out of the 
township; but no supervisor shall receive more than 
thirty-five dollars compensation in any one year. 
The clerk also receives certain fees for posting and 
serving notices, filing papers, and transcribing docu- 
ments. The treasurer receives as compensation two 
per cent, of all moneys paid into the township 
treasury. The assessor receives three dollars per 
day for time necessarily devoted to the services of 
the township, not to exceed sixty dollars in any one 
year. Justices and constables receive fees varying 
according to the services performed. Road over- 
seers receive two dollars per day for time neces- 
sarily employed. 

Points for Development.— How much was paid in sala- 
ries to officers of your township last year? What is the ob- 
ject of limiting the amount to be received during the year 
by certain officers? Mayors and aldermen of cities seldom 
receive any salaries; would it be well if supervisors did not 
receive salaries? About how much will be your treasurer's 
salary this year? 



CHAPTER XV. 



HIGHWAYS, POUNDS, DEBTS. 



Highways; How Repaired.— Under the direc- 
tion of the overseers and supervisors the highways 
are kept in repair. Every male inhabitant in the 
township, between the ages of twenty-one and fifty, 
is assessed one day's labor for the highw 7 ay, and all 
taxable property is subject to a road tax not to 
exceed one dollar on each hundred, which amount 
is determined by the supervisors. Each one assessed 
may work out his tax in person, together with his 
team or by substitute, or pay the amount assessed 
in money. Every person who works out his tax shall 
be allowed one dollar and fifty cents for himself and 
the same for his team for each day's work of eight 
hours each. Overseers shall give each person 
assessed for work at least three days' notice of the 
time and place when and where they are to appear. 
Any person so notified, not appearing for work and 
not paying his tax in money, is liable to a fine of 
two dollars for each day's refusal. Three-fourths 
of the road work must be done prior to August first. 

Points for Development.— Advantages of good highways. 
What is the object of the road poll tax, instead of placing 
the levy entirely upon taxable property? Why should the 
greater part of the road work be done before August first? 
Is a township liable for damages sustained because of de- 
fective roads or bridges? 



HIGHWAYS, POUNDS, DEBTS. 49 

Highways; How Opened or Vacated.— All 

section lines, if practicable, are public highways. 
If it seems desirable to open up other highways or 
to discontinue any now open, and if the territory 
bordering on the proposed changes are entirely 
within a civil township, the supervisors of such 
township will act upon the question when brought 
properly before them. A petition signed by any 
ten persons having land in the vicinity of the pro- 
posed change must be presented to the board. The 
petition must contain a description of the road, and 
the names of the owners of the land through which 
it passes, together with such other information as 
may be useful to the board. The board shall then 
appoint three viewers, who shall be disinterested 
persons. These viewers shall make a careful investi- 
gation of the matter, and make a full report to the 
board, stating the feasibility and probable cost of 
the change, etc. The board may, after hearing evi- 
dence of those interested for or against, then order 
the change or not. If the change is ordered the 
overseer of that district is notified and the change 
incorporated under his jurisdiction. 

Points for Development.— Under what conditions might 
section lines not be practicable for highways? Prepare a 
petition for new highway on quarter line. How wide are 
highways? Under what conditions should roads be dis- 
continued? If a person, through whose land a new road is 
to pass, is not willing to give or sell his land for the pur- 
pose, how is the land obtained? 

Bridges. — Bridges are a part of the public high- 
ways, and are under similar supervision. Bridges 
that do not cost more than one hundred dollars are 



50 CIVIL GOVERNMENT. 

to be built by the civil township within which they 
are located, otherwise by the county. All such 
bridges, whether built by township or county, are 
under the supervision of the township and are to be 
repaired by the township, when the cost of repairs 
at any one time does not exceed fifty dollars. 

Points for Development.— Why should not all bridges as 
well as other parts of all highways be constructed by town- 
ships? What bridges in your township were not con- 
structed by the township? 

Pounds and Pound Masters.— At any annual 
township meeting the voters may decide to erect 
one or more pounds. A pound is an inclosure 
where stray domestic animals are placed for safe 
keeping until called for by their owners. The 
persons elected to have charge of these pounds 
are called pound masters. The pound master 
shall receive for taking in or discharging from 
the pound any horse, mule, or neat cattle, twenty 
cents each, and for every sheep, lamb, or hog, 
ten cents each, and twenty-five cents each for 
every twenty-four hours the animals are kept in 
pound. The owner of the animals can not take them 
away until he has paid all dues. If the animals are 
not removed within four days, the pound master 
shall post notices in three public places, describing 
the animals, and in fifteen days after such notice, 
unless the animals are removed, he shall sell them 
at auction, deduct for himself two per cent, of the 
proceeds besides his legal fees, and turn over the 
rest of the money to the chairman of the super- 



HIGHWAYS, POUNDS, DEBTS. 51 

visors, to be paid over by him to the owners if at 
any time within six months they can prove that the 
property sold was theirs. 

Points for Development.— Are there pounds in your town- 
ship? If so, who are the pound masters? What is the 
prime object of pounds? Would people be more careful 
about letting their animals stray, if there were pounds? 
What would be the object of having more than one pound 
in each township? 

Debts. — The township shall not contract debts 
beyond the amount assessed for any year, without 
being authorized to do so by a majority of the voters, 
and in no case shall more than ten mills on the dol- 
lar be assessed in any one year. The township, by 
a two-thirds majority of those voting, may authorize 
the issuing of bonds, such bonds to be payable at a 
date not exceeding six years from time of issue. 
Bonds may also be issued for refunding bonded 
indebtedness, and must be made payable in not less 
than five or more than fifteen years. Bonds can not 
be sold for less than par and can not bear more than 
eight per cent, interest. 

Points for Development. — Why should the debts and as- 
sessments of a township be left to the will of the voters 
and not to the supervisors? Why is a limit placed to the 
amount that may be assessed by the voters? Why a two- 
thirds instead of a simple majority in issuing bonds? 
What is the valuation of your township? How many mills 
on the dollar was this year's assessment. For how much is 
your township bonded? What is par value? 



SECTION IV. 

Villages and Cities- 



chapter xvi. 



ORIGIN AND NAME. 



Origin of Villages and Cities. — Almost im- 
mediately after the beginning of the settlement of 
a new country, towns begin to spring up. For the 
purposes of trade a store is opened, a mill erected, 
a postoffice established, shops of various kinds are 
started, a railway station may be built, and here 
people will congregate to carry on the various indus- 
tries useful to the surrounding country. At first 
the needs of the little town do not differ from those 
of the surrounding country, but as the population 
increases it is found that certain changes are neces- 
sary. Regular streets should be laid out, sidewalks 
should be built, arrangements for protection from 
fire should be made, and many other things done 
in which only the town is directly interested. It is 
not just that the township or county should be taxed 
for the special benefit of the town, nor, on the other 
hand, is it just for the township or county to dic- 
tate to the town what improvements it shall make 

(52) 



ORIGIN AND NAME. 53 

within its limits. Therefore the town seeks to be 
incorporated into a separate organization with cer- 
tain rights and privileges of its own. 

Points for Development.— What is the oldest town in 
North Dakota? Name the industries of your nearest town. 
Which is the oldest town in your county? Is not a town a 
benefit to the surrounding country? If so, why should not 
the township be taxed for special improvements in the 
town? Is it wise for a small town to become incorporated? 
What are some of the objections? 

Town, Village, or City. — The term town has 
such a variety of meanings that it needs a little 
explanation here. In the east it means the town- 
ship, in the south it often means the legally organ- 
ized village or city, in the west it is sometimes 
applied to the township, and everywhere it is applied 
to any trade centre, large or small, when speaking 
of it in a general manner. Therefore the name 
town, as a legal appellation, has been discarded, and 
the term village, or city, w ill be applied henceforth 
in this state. There are many villages and cities in 
the state w^hich w 7 ere organized before the general 
law went into effect and are operating under all 
kinds of special charters; but the constitution for- 
bids such special charters now, so that all future 
organizations must be under the general law. Vil- 
lage and city governments do not vary materially, 
but the difference is sufficient to treat each sepa- 
rately. The prime difference is that the laws gov- 
erning a city are intended for larger corporations 
than those governing villages. 

Points for Development.— Name all the places in your 
county that might be called towns. Name the organized 
villages and cities of your county. Have they special char- 



54 CIVIL GOVERNMENT. 

ters or are they under the general law? If they are under 
special charters, secure copies of the charters and discuss 
them. When was your nearest village or city organized? 
Why are special charters forbidden by the constitution? 



CHAPTER XVII. 



VILLAGE ORGANIZATION. 



Preliminary Steps for Incorporation of Vil- 
lage.— Before a village can be incorporated, persons 
interested must cause accurate survey and map to 
be made of the territory intended to be incorporated, 
also a census of the resident population. These 
statistics must accompany a petition to the county 
commissioners, signed by at least one-third of the 
qualified voters in the territory to be embraced in 
the village. The commissioners shall require proof 
of all statistics and proceedings, and, if satisfied 
that all requirements have been complied with, they 
shall issue an order declaring that the described 
territory shall become an incorporated village, pro- 
vided that, at an election called for the purpose of 
voting on the question of incorporation, a majority 
of the votes cast are for its incorporation. The 
commissioners shall fix the time and place of the 
meeting, of which ten days' notice shall be given. 
The petition shall contain a proposed name for the 
village, which must be different from that of any 
other village in the state. 



VILLAGE ORGANIZATION. 55 

Points for Development.— What is the usual size of lots 
and blocks as surveyed in a village? Draw a map of a block, 
divide it into lots, and number them. If you live in a vil- 
lage locate your home on your map. Locate your school 
house. Why are petitions usually to be signed by voters 
rather than by any residents? Make out a petition for in- 
corporation of a village. Why should names of villages in 
different parts of the state be different? 

Meeting for Incorporation of Village.— The 

polls shall be open from nine in the forenoon to four 
in the afternoon. Three inspectors shall be selected 
by the voters, one of whom shall act as clerk. The 
voting shall be by ballot, the inspectors shall can- 
vass the votes, and shall return a statement of the 
result to the county commissioners. They shall also 
divide the village into not less than three nor more 
than seven districts. 

Points for Development.— Organize and conduct a meet- 
ing for incorporation of a village. If you live in an incorpo- 
rated village, ascertain the limits of its several districts. 
Is there a polling place in each district? 

First Election. — The inspectors of the former 
meeting shall appoint a place and time for holding 
the first election for the purpose of electing village 
officers. 

Points for Development.— How long will officers elected 
at first election hold office? 

Annual Election. — The annual election is held 
on the first Monday of May. At all elections the 
polls shall be open from nine in the forenoon to four 
in the afternoon. 

Points for Development.— ^ T hy are village officers elected 
each year, instead of once in two or three years? 



56 CIVIL GOVERNMENT. 

Officers of a Village. — The village officers 
are one trustee for each district, a clerk, assessor, 
treasurer, marshal, and justice of the peace, who 
shall hold their offices for one year. The offices of 
clerk, treasurer, assessor, and marshal may be held 
by the same person. A plurality of votes elects in 
all cases, and the elections are conducted nearly the 
same as in county or other elections. The board 
elect a president from their own number. 

Points for Development.— What would be the advantage 
of one person holding the four offices named above, or any 
two or three of them ? Why is not a president of the village 
elected by the people ? Who are the officers of your nearest 
village? 

Vacancies; How Filled. — All vacancies in 
offices are filled by the trustees, at a special meet- 
ing called for that purpose. Vacancy in trustee- 
ship must be filled from the district in which the 
vacancy occurs. 

Points for Development. — Why are not vacancies filled 
by special election instead of by appointment? 

Bonds of Officers. — The clerk, assessor, treas- 
urer, marshal, and justice shall give bonds to such 
an amount as the board of trustees may determine. 

Points for Development.— Why should not the trustees 
give bonds? 

Powers and Duties of Trustees.— The board 
of trustees have the power to purchase or sell land 
in the name of the village, to establish and regulate 
a fire department, to take measures to preserve 
health, to restrain vice and crime, to grant licenses, 
to lay out streets and sidewalks and keep them in 



VILLAGE ORGANIZATION. 57 

repair, to have charge of public grounds in the vil- 
lage, to levy taxes, and to do many other things. It 
will be observed that many powers left to the voters 
of the township have been delegated to the trustees 
of the village. 

Points for Development.— For what purposes might the 
trustees desire to purchase land? Name some licenses that 
may be granted? Why are more powers given to the board 
of trustees than to the board of supervisors of a township? 

Duties of Other Officers. — The duties of treas- 
urer, clerk, assessor, and justice are about the 
same as in the township. The marshal has powers 
similar to those of the constable, and is the special 
peace officer of the village, and it is his duty to 
carry out all orders of the trustees. 

Points for Development.— What special qualifications are 
necessary in a marshal? 

Compensation of Officers. — All village officers 
receive such compensation as the trustees may 
decide. 

Points for Development.— Should trustees receive com- 
pensation? Do men seek office for the honor there is in it? 
If you live in a village, ascertain the compensation of its 
officers. 

How Village Sidewalks and Streets Are 
Maintained. — Sidewalks and streets are not 
usually built by a general tax. If two-thirds of the 
resident owners or the owners of two-thirds of the 
real estate for a distance of not less than one block 
petition the trustees for a sidewalk or street, or for 
the grading or paving of such street, the trustees 



58 CIVIL GOVERNMENT. 

shall order such sidewalk or street, and shall levy a 
tax on all property adjacent to such sidewalk or 
street for the payment of the same. 

Points for Development.— Why should not a general tax 
be levied for construction and repair of streets and side- 
walks? Are non-resident property holders taxed for a side- 
walk along their property ? What is the usual width of vil- 
lage streets? 

Indebtedness of Village, — A village has no 
power to borrow money or contract any debt what- 
ever unless the board of trustees are petitioned to do 
so by citizen owners of five-eighths of the taxable 
property of such village. Bonds may be issued only 
by a majority vote of the electors, and not to exceed 
five per cent, of the assessed valuation of the cor- 
poration. 

Points for Development.— What is the reason for the 
provision given above for borrowing money? Reasons for 
and against bonding any municipal corporation. If you 
live in a village, ascertain if it is bonded and for how much. 



CHAPTER XVIII. 



CITY ORGANIZATION. 



Cities; How Organized. — Cities in a new coun- 
try are often laid out on paper only, and special 
charters are granted before there are any real evi- 
dences whatever of a city. No city can now be 
organized in the state except under the general law, 
and in order to organize under this law, one of three 
conditions must exist: First, any corporation in 



CITY ORGANIZATION. 59 

the state at present in the form of a city govern- 
ment may incorporate under the general law. Sec- 
ond, any town or village, whether under a special 
or the general law T , and having a population of not 
less than five hundred, may become a city. Third, 
any territory not exceeding four square miles not 
now incorporated in a city or village and contain- 
ing not less than five hundred inhabitants, may 
become an incorporated city. 

Points for Development.— If you live in a city having a 
special charter, give some reasons why it would be better 
not to incorporate under the general law, and some reasons 
why it would be better to do so. What were the objects of 
laying out towns and securing charters before there were 
any real residents? Do you know of any city incorporated 
under the general law? What was its condition before be- 
ing so incorporated? 

Cities and Villages May Adopt the Gen- 
eral Law. — Any city, or any village of five hundred 
inhabitants, may adopt the government of the gen- 
eral law at any time. To do this one-eighth of the 
legal voters of the corporation must petition the 
mayor and council or board of trustees, as the case 
may be, to submit the question to a vote of the 
electors. The question shall then be submitted, 
after due notice has been given, and a majority vote 
is necessary to establish the new organization. 

Points for Development.— Why is so small a number re- 
quired on the petition for the new organization? Is it well 
for a small village to incorporate as a city? 

Other Territory May Adopt the General 

Law. — The method by which previously^unorgan- 
ized territory may adopt the general law and become 



60 CIVIL GOVERNMENT. 

a city is similar to that given above. There are 
these conditions: It must not contain more than 
four square miles, must have at least five hundred 
inhabitants, and must present a petition to the 
county commissioners containing the names of at 
least fifty legal voters of the proposed new city. 
The question of adopting the general law shall then 
be submitted, the commissioners having the same 
powers and duties as the council or board of trustees 
in the city or village. 

Points for Development— Why should the amount of ter- 
ritory to be incorporated into a city be limited? Are the 
lots and blocks of a city usually the same as those of a vil- 
lage? How many ordinary city lots in an acre? 

Officers of a City. — The elective officers of a 
city are mayor, two aldermen from each ward, treas- 
urer, police magistrate, and city justice. The 
appointive officers are auditor, assessor, city attor- 
ney, and city engineer, together with such other 
officers as the council may deem necessary. All 
appointments are made by the mayor and must be 
approved by the council. All officers, elective or 
appointive, hold their office for two years. 

Points for Development.— If you live in a city, ascertain 
what other officers are appointed? If the council does not 
approve the mayor's appointments what is to be done? Why 
should the mayor make appointments? 

Election of Officers. — Annual election is held 
on the first Monday of April. Polls are to be kept 
open from eight in the morning to five in the after- 
noon. Officers of a city which changes to the gen- 
eral law will continue in office until the first annual 
election. Villages and unorganized territory becom- 



CITY ORGANIZATION. 61 

ing cities must proceed at once to elect officers to 
serve until first annual election. The city is divided 
into not less than three wards, or voting precincts, 
and at the first election two aldermen are elected 
from each ward, but afterwards only one. Alder- 
men are voted for only in their own wards, while 
the other officers are elected at large. 

Points for Development.— ^hy do not cities which 
change to the general law elect new officers at once? If 
you live in a city, draw map of same, dividing the city into 
its wards. Who are the aldermen from each ward? Give 
the names of all the city officers. 

Powers and Duties of Mayor.— The mayor 
presides at meetings of the council, shall by message 
advise the council as to the needs of the city, has 
the power of sheriff to suppress disorder within the 
city, may call out the militia to suppress riots, and 
in general shall see that the laws are executed. 

Points for Development.— Who presides over the council 
when the mayor is absent? What is the militia? Is the 
mayor an executive or legislative officer? Has he any of 
the powers of the other? What should be the natural 
qualifications of a mayor? 

Powers of City Council. — The city council 
consists of the mayor and aldermen. They are a 
legislative body, and their powers are very exten- 
sive. The mayor has a vote only in case of a tie. 
The council shall meet regularly on the first Mon- 
day of each month. They have the entire control 
of the finances of the city, the power to levy taxes, 
borrow money, to issue bonds not to exceed five per 
cent, of the taxable property, to lay out and take 
charge of streets, to care for the health in the city, 



62 CIVIL GOVERNMENT. 

in fact, to legislate upon almost any question that 
may pertain to the welfare of the city. Any ordi- 
nance passed by the council may be vetoed by the 
mayor, but by a two-thirds majority may be passed 
over the mayor's veto and become a law. 

Points for Development.— Discuss the advantages result- 
ing from the great powers of the council. Why are not 
these powers reserved to the people? If you live in a city, 
attend a meeting of the council, then organize a council of 
the pupils and pass an ordinance. 

Duties of Other Officers.— The duties of treas- 
urer, city justice, and assessor are about the same 
as in the township. The police magistrate, besides 
having the same jurisdiction as justices of the peace 
in the county, has exclusive jurisdiction in all 
offenses against the ordinances of the city. The 
city auditor is the official clerk of the council. The 
city attorney is the legal adviser of the mayor and 
council. The city engineer must be a practical sur- 
veyor and engineer and is to have charge of survey- 
ing and like work in the city. 

Points for Development.— What are ordinances? Should 
the city attorney be a lawyer? What other work would a 
city engineer have besides surveying and platting in the 
city? Can you name any city officers not mentioned here? 
What are their duties ? 

Local Improvements. — Local improvements 
upon streets, sidewalks, sewers, etc., are determined 
by the council and are paid for by a levy on adja- 
cent property. 



CITY ORGANIZATION. 63 

Points for Development— Compare the cost of local im- 
provements in large and small cities. Compare local im- 
provements in business and residential portions of the same 
city. 

Debt Limit— The debt limit of a city is ordi- 
narily five per cent, of its assessed valuation, but 
by a two-thirds vote of the electors this may be 
increased to eight per cent. 

Points for Development.— If yon live in a city, find out 
for how much it is bonded. Is the limit reached? 



SECTION V. 

The County. 



CHAPTER XIX. 



INTRODUCTORY. 



Importance of the County.— The importance 

of the county differs in different parts of the nation. 
In the east the county has much less civil and polit- 
ical significance than the township or town; in the 
south the county is by far the most important divi- 
sion; while in the west the county and township 
both have important functions to perform, with the 
county predominating somewhat. Local affairs need 
controlling and regulating by some higher authority; 
the state can not conveniently exercise its preroga- 
tives in every locality directly through the state 
government. The county, therefore, is the civil and 
political link between the two. Consequently the 
county as a medium of government requires careful 
consideration in these western states. In North 
Dakota a pupil may live in any one of four or five 
different kinds of school districts, he may live under 
township, village, or city government, but he is at 
the same time under county government, which is 

(64) 



INTRODUCTORY. 65 

the same all over the state. As county governments 
are strong and efficient, so are local affairs well pro- 
tected and the state well served. 

Points for Development.— How did the town or township 
in the east acquire so much political importance? Why 
the importance of the county in the south? Why can not 
local matters be conveniently looked after at the state capi- 
tal? Draw map of the state, locate in it your county and 
nil adjacent counties. 

Origin of the County. — The origin of the 
county is quite similar to that of the township. All 
the states except Louisiana have counties, and that 
state has parishes. In its early history the Terri- 
tory of Dakota was divided into counties, at first 
unorganized, like congressional townships, but or- 
ganized as soon as local conditions seemed to 
demand the change. The early counties were fre- 
quently very much larger than their present limits, 
but as population and wealth increased, it was not 
found convenient or desirable to retain so much ter- 
ritory under one county government, so divisions 
were made. New counties were formed out of parts 
of old ones and unorganized counties were organ- 
ized, until at present in North Dakota there are 
thirty-nine organized and six unorganized counties. 
Changes are often being made in the boundaries of 
many of the counties, especially in the western part 
of the state, and these changes will continue to go 
on until conditions cease to be so changeable. 

Points for Development.— Trace the history of your 
county from its establishment, its organization, its changes 
of boundaries if any, etc. How was your county named? 
Po you think that any changes in the limits of your county 



66 CIVIL GOVERNMENT. 

would be advisable? Why? Have there been any impor- 
tant changes receutly made in the limits of counties of the 
state? Is there any territory in the state not in any county? 

Functions of the County. — The county has 
the power to organize subdivisions within its own 
territory, such as school districts, townships, vil- 
lages, and cities; to collect taxes for the local organ- 
izations, for its own use, or for the state; to provide 
for public works too extensive and costly for local 
organizations to undertake; to protect owners of 
property by placing on record all deeds and like 
instruments and providing a safe depository for the 
same; to maintain competent courts of justice for 
the convenience of all its citizens; to act as a polit- 
ical subdivision of the state in all elections; and, 
being a body corporate within itself, to have all the 
powers necessary for the maintenance of such a 
body. These various powers will be brought out 
more fully in connection with the enumeration of the 
duties of county officers. 

Points for Development.— Through what county officers 
are sub-divisions organized? Why should the county col- 
lect taxes for the township or school district? What are 
some public works too extensive for townships to pro- 
vide for? Name some functions of the county not enumer- 
ated above. 



CHAPTER XX. 

COUNTY ORGANIZATION AND OFFICERS. 



County; How Organized. — There are two meth- 
ods of organizing counties; one when a county is 
organized from an unorganized county, and the 



COUNTY ORGANIZATION AND OFFICERS. 67 

other when a county is organized from parts of one 
or more organized counties. In the first case the 
unorganized county must have at least one thou- 
sand inhabitants and must present to the governor 
of the state a petition, signed by at least one hun- 
dred fifty qualified voters of such county, ask- 
ing for organization. If the governor is satisfied 
that the county contains one thousand inhabitants, 
such petition shall be granted, and the governor 
shall call an election to elect officers of the new 
county. In the second case a petition signed by a 
majority of the legal voters in the proposed new 
county must be presented to the commissioners of 
the counties affected, who shall take steps to have 
the question submitted to a vote, in the counties 
affected, at the next general election. If a majority 
of votes cast in each county is in favor of the forma- 
tion of the new county, it shall be considered organ- 
ized, and the governor shall appoint three commis- 
sioners, who, in turn, will appoint all county officers 
for the new county, and these will serve until the 
next general election. No such division can be 
made, if it reduces any county to a territory of less 
than twenty-four townships. 

Points for Development.— What was your county organ- 
ized from? Draw map of your county and locate and name 
each township in it, the unorganized by number, the organ- 
ized by name. Have any of the unorganized counties at 
present the necessary qualifications to become organized? 
Could a county be conveniently organized from parts of 
your county and parts of adjoining counties? 

County Seats ; How Located. — Temporary 
county seats are located as follows: In case of the 
county being formed from an unorganized county, 



68 CIVIL GOVERNMENT. 

the question of the county seat shall be voted on 
at the first election, and the place receiving the high- 
est number of votes is the temporary seat. In case 
of the county being formed from organized counties, 
the commissioners of the new county shall fix some 
place as a temporary county seat, but the question 
shall be submitted to the voters at the next general 
election. 

Points for Development.— Will it be a plurality or a ma- 
jority that locates a temporary county seat? What advan- 
tages accrue to a town from being the county seat? Is 
there any interesting history in connection with the locating 
of the county seat in your county? 

County Seats; How Changed.— if a petition 
signed by legal voters of the county, equal in num- 
ber to two-thirds of all the votes cast at the last 
general election, be presented to the commissioners, 
asking that a vote be taken on the removal of the 
county seat, the question shall be submitted at the 
next general election, and if tw T o-thirds of all the 
votes cast are in favor of any one place, then the 
county seat shall be changed to such place. The 
question of removing county seat can not be sub- 
mitted oftener than once in four years. 

Points for Development.— Has your county seat ever 
been changed? What would be the benefits from a change 
in your county? What would be the disadvantages? Why 
such a large majority in order to change the county seat? 
Are county seats often changed? 

County Officers. — The officers of a county are 
either three or five commissioners, auditor, register 
of deeds, clerk of the district court, state's attor* 



COUNTY ORGANIZATION AND OFFICERS. 69 

ney, sheriff, county judge, treasurer, superintendent 
of schools, surveyor, coroner, four justices of the 
peace, and four constables. 

Points for Development.— How many commissioners in 
your county? Name all the officers of your county. How 
many of tliem are from your township? 

Election of County Officers.— All the county 
officers except the commissioners are elected for a 
term of two years and at the same time and on the 
same ballots as state officers. Commissioners are 
elected by the voters of their respective districts for 
a term of three years. 

Points for Development.— When was the last election for 
county officers? When for commissioner in your district? 

Commissioners' Districts. — Each new county 
has three commissioners' districts, which after- 
wards may be changed to five by vote of the people. 
Each district elects one commissioner. In case of 
three districts, one commissioner is elected each 
year after the first election. In case of five districts, 
two commissioners are elected in each of tw T o years 
and one in the third year. 

Points for Development.— in your map of the county 
mark off and number the commissioner districts. Which 
district or districts elect this year? What are the advan- 
tages and disadvantages of five rather than three com- 
missioners? 



CHAPTER XXI. 



POWERS AND DUTIES OF OFFICERS. 

Powers and Duties of Commissioners. — 

The board of commissioners is the legislative body 
of the county, and as such body it has all power to 
legislate for the county so far as not restricted by 
law. The .board meets regularly on the first Mon- 
days of January, April, July, and October, and may 
adjourn from time to time. In most counties it 
meets each month. At the meeting of the board in 
January each year the members of the board elect 
a chairman whose duty it is to preside at all meet- 
ings of the board and to sign all warrants drawn on 
the treasurer, except for officers' salaries, and to 
assist in appraising school lands in the county. The 
board shall cause a record of all its proceedings to 
be kept and to be published in three newspapers 
of the county, if there are that number. It has the 
power to prosecute and defend all actions for and 
against the county, to provide for the building of 
bridges, opening of highways, etc., not directly 
under local supervision. It has charge of all prop- 
erty belonging to the county, such as the care of the 
courthouse, jail, etc., and must see that they are 
of sufficient capacity and in good repair. It must 
provide for the poor, and in general has a super- 
vision over all the affairs of the county. 

(70) 



POWERS AND DUTIES OF OFFICERS 71 

Points for Development—Being a legislative body, what 
special qualifications should commissioners have? Why is 
it often important for the board to meet oftener than once a 
quarter? Does the chairman of the board have a vote upon 
all questions? What is the object of publishing the pro- 
ceedings of the board? What papers in your county are 
the official papers? Are any of the roads or bridges of 
your township built by the county? Name the uses of the 
courthouse. Use of the jail. 

Duties of County Auditor. — The duties of 
the county auditor are varied and important, 
although his work is more clerical than executive, 
and in some states he has the title of clerk. He is 
clerk of the board of commissioners, and draws all 
warrants on the county treasurer, whether by order 
of the board or by fixed law. He computes and 
extends all taxes for school, township, municipal, 
county, or state purposes. He must keep an accu- 
rate account with the treasurer, and his books at all 
times serve as a check upon any irregularities in 
that office. He receives, approves, and files bonds 
of treasurers of school districts, townships, etc., in 
the county. He has general supervision of the elec- 
tion supplies in all elections, and may call a special 
election in the county when petitioned to do so by 
a majority of the voters of the county, if for any 
reason the commissioners have failed to call such 
election. He is also a member of the county board 
of appraisers of school lands. 

Points for Development.— What is meant by clerical 
work? By executive work? What should be the qualifica- 
tions of the auditor? Why should bonds of treasurers 
throughout the county be filed in the auditor's office? What 
kind of licenses does the auditor grant? 



72 CIVIL GOVERNMENT. 

Duties of Register of Deeds. — The office of 
register of deeds is one of long standing and was 
established to protect persons in the ownership of 
property. When a transfer of certain property has 
been made, the written instrument of transfer must 
be recorded in the office of the register of deeds in 
order to complete the legality of the transaction. 
If it were not recorded a second person might pur- 
chase the same property, have the instrument of 
transfer recorded, and become the legal owner of 
the property. Therefore it is the duty of the regis- 
ter of deeds to keep a full record of all deeds, mort- 
gages, etc., filed with him. As soon as any such 
instrument is filed with him, he shall note thereon 
the date, hour, and minute of receipt, and it shall 
be considered as legally recorded from that minute. 
If several such instruments are received by mail, he 
shall record them in the order in which the inci- 
sures are opened. His books are at all times open 
to the inspection of the public. Titles to property 
in the county for time to come depend upon the 
accurate records made by the register. 

Points for Development. — What are recorded in the of- 
fice of register of deeds besides deeds? Are these papers 
recorded free of cost to the holder of them ? If a deed is not 
recorded, could the property enumerated in it be claimed 
by the purchaser? If a deed is not recorded, has the person 
who sold the property a right to sell it again? Secure a 
copy of a deed, and discuss its contents. 

Duties of Clerk of District Court.— The clerk 

of court is the official clerical officer of the dis- 
trict court whenever in session in his county. He 
has charge of all papers, books, and records in con- 



! 



POWERS AND DUTIES OF OFFICERS. 73 

nection with such court, and shall record and keep 
on tile all proceedings connected with the same. In 
court he administers the oaths to jurors and wit- 
nesses. In absence of the judge at the opening of 
a term of court he may adjourn court from day to 
day for three days, and then adjourn without day. 
He grants papers of "declaration of intention to be- 
come citizens of the United States," and keeps an 
accurate record of all who are granted final papers 
by the judge. He keeps on file proceedings of coro- 
ner's inquests, justices' courts, also mechanics' liens, 
and various other papers. 

Points for Development.— What is the district court? 
What is meant by administering oaths? Ascertain the form 
of an oath to a witness. What is a mechanic's lien? 

Duties of State's Attorney. — The state's 
attorney is called in most states the county attorney, 
as he is a county officer and his official duties are in 
the county. His title of state's attorney arises from 
the fact that in all cases before the district court 
he, in behalf of the county, represents the state. He 
is the legal adviser of all county officers, especially 
of the county commissioners. He conducts all 
prosecutions and defenses for and against the 
county. He institutes proceedings against persons 
charged or suspected of public offense, and draws 
all indictments. He must oppose all illegal claims 
on the county, and bring action to recover any 
moneys illegally paid. He must also, when requested 
to do so, give written opinions to any county, town- 
ship, or school district officer, on matters pertain- 
ing to their offices. He must be an attorney by pro- 
fession. 

6 



74 CIVIL GOVERNMENT. 

Points for Development.— What is meant by legal ad- 
viser? What are public offenses V Name some. What is an 
indictment? Write out a request of a school district officer 
to the state's attorney for an opinion on some school mat- 
ter. Can a state's attorney have other cases in the district 
court besides those in connection with his office? 

Duties of Sheriff. — The sheriff is the chief 
executive officer of the county. It is his duty to 
preserve the peace, and to do this he may command 
the assistance of citizens, and even call upon the 
governor of the state to lend aid. He serves all 
papers legally issued and placed in his hands, and 
arrests without papers any person who has com- 
mitted or attempted to commit a public offense. He 
attends all terms of the district court held in his 
county and executes all orders of the judge. He 
has charge of the county jail and all prisoners 
therein committed, and is to guard against their 
escape therefrom. He accompanies to their destina- 
tion prisoners sentenced to the penitentiary and 
patients adjudged insane and committed to the asy- 
lum. He is eligible for election to the office for only 
two consecutive terms. 

Points for Development.— Suppose a case when the sher- 
iff might call on citizens for assistance. When he might 
call on the governor for assistance. How many prisoners 
in your jail now? For what were they committed? What 
should be the qualifications of a sheriff? Has he a deputy 
in your vicinity? Give some reasons whj^ he should not he 
eligible to more than two consecutive terms. 

Duties of County Judge.— The office of county 
judge is mostly of a judicial nature. In many states 
the county judge is styled the judge of probate, be- 



POWERS AND DUTIES OF OFFICERS. 75 

cause his chief duties are in probating wills. The 
judge has an office at the county seat, and his court 
is considered to be always open. He has the power 
to admit wills to probate, to decide heirship, to set- 
tle the accounts of executors and administrators, to 
appoint and remove guardians, and to have general 
jurisdiction over estates of persons dying intestate. 
It is through this office that the property of a person 
is, after his death, distributed as the law directs. 
The county judge issues marriage licenses to those 
who are to be married in the county, and may also 
perform the marriage ceremony. He must keep a 
complete record of all his official proceedings. 

Points for Development —What are wills? Who are 
heirs? If a man who has a family dies intestate, how is 
his property divided? What are executors? What are 
guardians? Must property always he disposed of as a will 
directs? Why are marriage licenses necessary? Who be- 
sides the judge may perform the marriage ceremony? 

Duties of County Treasurer.— The duties of 
county treasurer are similar to those of the treas- 
urer of almost any corporation. He, of course, re- 
ceives all moneys belonging to the county and pays 
them out upon proper warrants. He also collects 
all taxes, not only for the county, but for the state, 
and for the school districts, townships, villages, and 
cities within his county, and pays over to the treas- 
urers of the other corporations such moneys as he 
has collected for them. His books and accounts 
shall at all times be subject to the inspection of the 
county commissioners, and he shall on the regular 
January and July meetings of the board make full 
settlement with them, by exhibiting all his books, 



76 CIVIL GOVERNMENT, 

accounts, and moneys. He shall insure county 
property when directed to do so by the board. 
Whenever an abstract of title of real estate is pre- 
sented to him, he shall certify upon it as to the pay- 
ment of taxes on the property named in the abstract. 
In February and in November of each year he shall 
notify township clerks of the amount of money in 
the county treasury belonging to their respective 
townships. He can serve for only two consecutive 
terms. 

Points for Development.— What especial qualifications 
should a treasurer have? Why does the county treasurer 
collect all taxes? Where are taxes payable? Why is the 
treasurer required to make settlement so often? What is 
the object of limiting the treasurer to two consecutive 
terms? What results if a person neglects or refuses to 
pay his taxes? 

Duties of County Superintendent of Schools. 

— The superintendent of schools has the general 
supervision of all schools in his count t y except in 
special and independent districts, and in those he 
has certain supervision. He must visit each school 
under his supervision and keep a record of each 
visit. He shall carry out all the instructions of the 
state superintendent, distribute to district officers 
and teachers all blanks needed by them, call meet- 
ings of teachers for discussion of school work, 
arrange for meetings of school officers whenever 
he may deem it necessary, decide questions in con- 
troversy in school matters, hold examination of 
teachers six times each year, apportion state tuition 
fund, appraise school land in the county, revoke cer- 
tificates for cause, and make an itemized report of 



POWERS AND DUTIES OF OFFICERS. 77 

the condition of the schools to the state superin- 
tendent before the fifteenth day of August in each 
year. He mast hold a first grade county certificate 
or its equivalent, which is considered to be any state 
certificate or diploma of graduation from any uni- 
versity, college, or normal school of good standing. 
He shall not engage in teaching or any other busi- 
ness that will interfere with his duties as superin- 
tendent, if his salary exceeds twelve hundred dollars 
per year. 

Points for Development.— What does the superintendent 
have to do with the independent districts? How often must 
he visit schools? What blanks are needed by teachers? 
What might be the object of a meeting of superintendent 
and school officers? Who are the appraising board of 
school land in each county? Why should the superintend- 
ent hold at least a first grade certificate? Is the last pro- 
vision above any more necessary than in case of other 
county officers? 

Duties Of Surveyor. — The county surveyor 
must make, in a good and professional manner, any 
surveys of land in the county when called upon to 
do so by any owner of such land, or whenever 
directed by the district or county court, the county 
commissioners, or township supervisors. He shall 
also make surveys of public roads when so directed. 
He shall make a full record of the field notes and 
plats of every piece of land, and road w T hich he sur- 
veys, and the commissioners may order these notes 
filed in the office of the county auditor. 

Points for Development. — Are there usually many per- 
sons in the county qualified for the office of surveyor? If 
possible, watch the surveyor sometime when he is at his 
work, and describe his instruments. 



78 CIVIL GOVERNMENT. 

Duties of Coroner, — It is the coroner's duty to 
assemble a jury of three and hold an inquest over 
the body of any person who is supposed to have died 
by any unlawful means. He may secure his jury 
by warrants issued to a sheriff or constable, or when 
that is not convenient, he may select them from 
bystanders. He shall place the jury under oath and 
proceed to ascertain, if possible, the cause of the 
person's death. The verdict of the jury shall be 
returned in writing to the county. The coroner may 
order the arrest of the one supposed to be guilty 
of the alleged crime. He also orders the disposition 
of the body. In case there is no sheriff or deputy 
in a county, the coroner has all powers of sheriff, 
and also serves all papers on the sheriff. 

Points for Development. — Of what profession is it con- 
venient for the coroner to be? Can the coroner's jury 
convict of a crime or simply allege a crime? 

Duties of County Justices and Constables. 

— The duties of county justices and constables differ 
but little from those of the township justices and 
constables. The justices may try certain cases and 
the constables act as peace officers. Their duties 
will be treated more fully in connection with the 
judiciary. 

Points for Development. — Where are the offices of your 
county justices? What is the object of having so many 
constables in a county? 

Deputies and Clerks of County Officers. — 

The county treasurer, auditor, sheriff, register of 
deeds, superintendent of schools, surveyor, and clerk 
of the district court may appoint deputies, and shall 
be responsible for their acts. The commissioners, 



SALARIES OF OFFICERS. 79 

at their discretion, may authorize the employment 
of clerks in the offices of the auditor, treasurer, clerk 
of court in counties having less than fifteen thou- 
sand inhabitants, and register of deeds, and fix the 
salaries of the same. The county judge and clerk 
of the district court in counties having over fifteen 
thousand inhabitants shall have clerks whose sal- 
aries are fixed by law. In the larger counties there 
are usually one or more clerks in the principal 
offices, w T hile in some of the smaller counties one 
clerk often does the work of several of the offices. 

Points for Development.— Why should the officer be re- 
sponsible for his deputy? Do the officers or their deputies 
and clerks usually do the greater part of the work of the 
office? Name the deputies of the principal officers of your 
county. 



CHAPTER XXII. 



SALARIES OF OFFICERS. 



Salaries and Fees of County Officers. — 

The county officers now for the most part receive 
regular fixed salaries, while formerly, under the 
territorial laws, they often received fees. Now all 
fees received by most of the officers must be turned 
over to the county treasury. Salaries of county 
officers are to be paid monthly on warrant of the 
county auditor. 

Points for Development.— What is the difference between 
salary and fee? Mention some men in business, who re- 
ceive salaries. Some who receive fees. 



80 CIVIL GOVERNMENT, 

Salary of Commissioners. — County commis- 
sioners are allowed three dollars a day each, for the 
time necessarily employed in the discharge of their 
duties, and five cents a mile for the distance actu- 
ally traveled by them. 

Points for Development.— Why is not the salary of the 
commissioners on a sliding scale as you will find it to be in 
the case of most of the county officers? About how many 
days each month are your commissioners in session? How 
much then would your commissioner receive each year? 

Salary of Auditor. — The salary of the auditor 
is regulated by the value of property in the county. 
He receives four mills on the dollar on the first hun- 
dred thousand dollars, one mill on the next three 
hundred thousand dollars, one-third of one mill on 
all in excess of said sums, not exceeding two million 
dollars, and one-fifth of one mill on all sums exceed- 
ing two million dollars; but his salary shall be lim- 
ited to two thousand dollars. He also receives fees 
for certifying to deeds, which he must turn over to 
the treasury w r hen his salary reaches two thousand 
dollars. 

Points for Development. — What is the assessed valua- 
tion of your county? How much salary will this give your 
auditor? How much would be the salary of your auditor, 
if the valuation of your county should be doubled? 

Salary of Register of Deeds. — The register 
of deeds receives one thousand dollars a year in 
counties w T here the assessed valuation does not ex- 
ceed one million five hundred thousand dollars, for 
over that assessed valuation he receives two hun- 
dred dollars more, and for every increase of five hun- 
dred thousand dollars in the assessed valuation he 



SALARIES OF OFFICERS. 81 

receives two hundred dollars more, until his salary 
reaches a limit of two thousand dollars. All fees 
received in his office are turned over to the county 
treasury, and his salary is paid out of them, and 
his salary can not exceed the amount of these fees. 
Points for Development.— Is the work of the register 
likely to be quite extensive in anew county? Note that his 
salary in smaller counties is more than that of most of 
the other officers. Compute his salary in your county. 
What would his salary be if the valuation were doubled? 
What amount of fees did he turn over last year? 

Salary of Clerk of District Court.— The sal- 
ary of the clerk of district court is based on the 
population of the county. For the first three thou- 
sand inhabitants he receives four hundred dollars, 
and one hundred dollars for each additional one 
thousand inhabitants; but his salary shall not ex- 
ceed two thousand dollars. The population is de- 
termined by taking as a basis the last census and 
adding thereto five per cent, of the population as 
then shown for each year having expired since, but 
not more than tw T enty per cent, in all shall be added. 
The deputy shall receive a salary equal to one-half 
the salary of the clerk. 

Points for Development.— What was the population of 
your county in 1890? Has any census been taken since? 
What should your clerk of court now receive? What did 
he receive by law in 1892? Will he receive any more next 
year than he does this year? What amount of fees did he 
turn over to the treasurer last year? 

Salary of State's Attorney.— In counties of 
less than thirteen thousand inhabitants the salary 
of the state's attorney shall remain as it has been 
fixed by the county commissioners. In counties of 



82 CIVIL GOVERNMENT, 

over thirteen thousand and less than eighteen thou- 
sand it shall be twelve hundred dollars; over eight- 
een thousand and less than twenty thousand, four- 
teen hundred dollars; and over twenty thousand, 
two thousand dollars. The population is deter- 
mined the same as in case of the clerk of the dis- 
trict court. 

Points for Development.— What is the state's attorney's 
salary in your county? Suppose the population in 1890 was 
fourteen thousand, in what year would he receive twelve 
hundred dollars? Would he receive fourteen hundred dol- 
lars before 1900? 

Salary of Sheriff. — The sheriff receives no 
fixed salary, but his compensation is in the nature 
of fees for every duty performed, such as serving 
warrants, summoning juries, selling advertised 
property, attending court, committing and boarding 
prisoners, distributing election supplies, etc. Be- 
sides these fees, which are too diverse for enumera- 
tion, he receives ten cents per mile for distance actu- 
ally and necessarily traveled in the discharge of his 
duties. 

Points for Development. —Can you give any reasons why 
sheriffs should receive fees rather than a salary? Secure if 
possible a list of fees which may be received by a sheriff 
and discuss the different items. 

Salary of County Judge. — The salary of the 
county judge also depends upon the population of 
the county. For three thousand inhabitants or less 
lie receives three hundred dollars; for the next 
three thousand, he receives an additional hundred 
dollars for each thousand; and for each additional 
thousand an additional fifty dollars, not to exceed 



SALARIES OF OFFICERS. 83 

iii all two thousand dollars. In addition to this he 
receives certain fees for acknowledging deeds, grant- 
ing licenses, etc. In counties having a population 
of fifteen thousand there shall be paid to the county 
judge for clerk hire six hundred dollars per year, 
and for each additional thousand inhabitants an 
additional fifty dollars. Population will be deter- 
mined as in case of clerk of court. 

Points for Development —What is the salary of the 
county judge in your county? What would be the least 
population that would entitle him to two thousand dollars a 
year? What would the clerk hire for county judge amount 
to in a county of fifty thousand inhabitants? How much 
is the fee for a marriage license? 

Salary of County Treasurer. — The salary of 
the treasurer depends on the amount of money by 
him collected. He shall receive for the first ten 
thousand dollars, four and one-half cents on each 
dollar; for the next twenty thousand, three cents 
on each dollar; for the next thirty thousand, two 
cents on each dollar; and for all sums over sixty 
thousand, one cent on each dollar; but where the 
valuation of the county does not exceed two million 
dollars, he shall not receive more than twelve hun- 
dred dollars; and the limits are as follows: Less 
than four million, fifteen hundred; less than six 
million, two thousand; less than nine million, 
twenty-five hundred; less than twelve million, three 
thousand; more than twelve million, thirty-five hun- 
dred. 

Points for Development.— What is the tax levy of your 
county this year? What per cent of the levy is usually col- 
lected by the treasurer? How much does your treasurer 
receive? Is his salary limited by the second provision? If 



84 CIVIL GOVERNMENT. 

there were no limit, bow much would he receive on a col- 
lection of one hundred thousand dollars? Why is the limit 
to the treasurer's salary higher than that of any other 
county office? 

Salary of Superintendent of Schools.— The 

salary of the superintendent of schools depends 
upon the number of schools in the county. In each 
countj r having not over five schools he shall receive 
one hundred dollars; from six to ten schools, two 
hundred dollars; from ten to fifteen, three hun- 
dred dollars, and so on by additions of one hun- 
dred dollars for every five schools until forty 
schools are reached, then one hundred dollars for 
every ten additional schools, with a limit of fifteen 
hundred dollars. He is also paid seven cents a mile 
for distance actually and necessarily traveled in the 
discharge of his duties. He may appoint a deputy 
to perform his duties while out of the county, and 
in counties having more than eighty schools, the 
commissioners may allow T one hundred dollars a 
year for clerical assistance. 

Points for Development.— How many schools in your 
county? How much salary would this entitle your super- 
intendent to? What would be the number of schools when 
the limit is reached? Is anything allowed in your county 
for clerical assistance in the superintendent's office? 

Salary of Surveyor. — The county surveyor 
shall receive three dollars per day for time actually 
employed and ten cents a mile for distance traveled, 
also fees for certain additional work. 

Points for Development— Is the surveyor employed more 
in a new or an old county? Is his work skilled labor or 
ordinary labor? 



DEBTS, POOR, BOARDS. 85 

Salary of Coroner, Justices, and Consta- 
bles. — The coroner, justices, and constables receive 
fees, which vary with the kind and amount of work 
done. 

Points for Development.— Secure a list of fees and dis- 
cuss them. Why is it better for these to have fees than 
salaries ? 



CHAPTER XXIII. 



DEBTS, POOR, BOARDS. 



Bonded Indebtedness of County. — Bonds 
may be issued by a county for two purposes : For pay- 
ing outstanding indebtedness, and for the erection 
of county buildings. In the former case the com- 
missioners have the power to order the issue of the 
bonds, but in the latter case the question must be 
submitted to the electors of the county. In no case 
can bonds be issued for more than five per cent of 
the assessed valuation, nor for a longer period than 
twenty years. 

Points for Development.— Give reasons for commission- 
ers authorizing the issue of bonds in one case and the people 
in the other case. What county buildings may be needed? 
Why is a debt limit usually fixed by law? Is your county 
bonded? By which method was it bonded? When will the 
bonds become due? Are they likely to be paid when due, 
or will they be refunded? 

Support of the Poor. — Each county must 
support all the poor and needy persons who are legal 
residents therein. For this purpose the county com- 
missioners are designated overseers of the poor and 



86 CIVIL GOVERNMENT. 

have entire oversight of the same. They allow, at 
their discretion, whatever may be necessary for the 
relief of those who seem unable to provide for them- 
selves. In many large counties it is found that the 
poor can be better and more economically cared for 
at an asylum erected by the county for that pur- 
pose. In any county, by vote of the people, a tract 
of land may be purchased and suitable buildings 
may be erected thereon for the accommodation of 
the poor. All persons who have become permanent 
paupers are removed to this asylum. The commis- 
sioners appoint a superintendent of the same, who 
will take measures for the employment and support 
of all placed under his charge. The commissioners 
also appoint a qualified physician to attend the 
county asylum. 

Points for Development— Why is it better for the county 
rather than the township to care for the poor? Who are 
legal residents? How could any one not a legal resident 
receive aid? What is the annual cost for the poor of your 
county? Is there an asylum for the poor in your county? 
If so, are any paupers being supported outside of the asy- 
lum? If so, why? Who is county physician in your county? 
Are there many paupers in North Dakota compared with 
other states? What are the chief causes of pauperism? 

County Boards. — Besides the board of overseers 
of the poor there are several other county boards, 
the most important of which are: The board of 
equalization, board of health, and board of commis- 
sioners of insanity. 

Points for Development— Can you name any other county 
boards? Notice that in the appointment of boards and in 
certain other things the commissioners have powers in the 
county similar to those of the governor in the state. See 
state boards. 



DEBTS, POOR, BOARDS. 87 

Board of Equalization. — The board of county 
commissioners constitute the board of equalization, 
and it is their duty at their regular meeting in July 
of each year to inspect the assessment roll as re- 
ported by the assessors and to increase or diminish 
assessments in various parts of the county, so as to 
make, in their judgment, an equitable valuation 
throughout, and thus render taxation uniform. It 
is their duty also to add to the roll any property 
that has for any reason been omitted. Any person 
may apply to the board for correction of errors or 
reduction of assessment and upon satisfactory evi- 
dence, such application will be granted. 

Points for Development.— Are all sections of the same 
county equally valuable? Compare the assessed valuation 
of land in your township with that in other townships. 
What is the assessed valuation of horses, cows, etc.? 
Should the assessment on them be the same all over the 
county? 

Board of Health,— The county board of health 
consists of the state's attorney and two other mem- 
bers appointed by the commissioners, one of whom 
shall be a practicing physician. The state's attor- 
ney is the president of the board, the physician is 
the superintendent of public health, and the other 
member is vice president. This board is under the 
supervision of the state board of health, and it is 
its duty to take measures to prevent the spread of 
contagious or infectious diseases, and in general 
to look after the enforcement of health regulations 
throughout the county. 



88 CIVIL GOVERNMENT. 

Points for Development.— What is the need of having a 
county board of health in addition to township or city 
boards and also a state board? Has the county board 
of health authority to close all the schools of the county? 
If so, under what conditions? 

Commissioners of Insanity, — This board con- 
sists of the county judge and two other members 
appointed by the commissioners, one of whom shall 
be a practicing physician and the other a practicing 
attorney. Any person in the county thought to be 
insane is brought before this board, and, if upon 
examination the board is satisfied that the person 
is insane, it is their duty to consign him to the hos- 
pital for the insane. 

Points for Development.— Why is an attorney needed on 
che board of commissioners of insanity? Why should there 
be great caution and skill exercised in examining patients 
for insanity before committing them to the hospital? Who 
usually takes charge of the patient after he has been ad- 
judged insane by the board? 



SECTION VI. 

The Judiciary. 



CHAPTER XXIV. 



CLASSIFICATION, DEFINITIONS. 



How Classified. — The judiciary of the state can 
not be classified in any of its branches as belonging 
exclusively to any political division. The legisla- 
tive and executive departments of the township, 
county, state, etc., have well-defined limits, while 
the judicial departments of the same intermingle 
and overlap so much that they must necessarily 
be treated together. In the preceding pages the 
judiciary of the township, village, city, and county 
has been discussed to some extent. The next in 
order is the judiciary of the district, and lastly 
that of the state as a whole, or the supreme court. 
Of all these the judiciary of the district, or district 
court as it is usually called, is by far the most im- 
portant to the citizens in general. As the judicial 
district is usually composed of several counties, this 
seems to be the logical position for the treatment of 
it, and incidentally of the w T hole subject. 

(89) 



90 CIVIL GOVERNMENT. 

Points for Development- Review to some extent the 
judiciary of the preceding pages. What is the general func- 
tion of the judicial department of a government? What 
are district courts called in some other states? What is 
capital punishment? Give some reasons for and against 
its use. Get as many court blanks as possible and use them 
in the development of each subject. 

Definitions. — Before proceeding to the discus- 
sion of the various courts, there are a few terms 
common in law that need to be understood. A 
criminal action is one brought against a person for 
committing some crime or public offense, such as 
would endanger the life, health, property, or reputa- 
tion of others. A civil action is one brought against 
a person for some private offense, and deals almost 
wholly with the non-fulfillment of contracts. Crimes 
are of two classes, felonies and misdemeanors. A 
felony is a crime punishable by death or imprison- 
ment in the penitentiary. A misdemeanor is any 
other crime. Issues at stake in a trial may be of 
two kinds, issue of law T and issue of fact. In the 
issue of law the parties agree as to the facts in the 
case, but not on the law governing those facts. In 
the issue of fact the parties do not agree as to the 
facts in the case. Plaintiff is the person or party 
who makes complaint or brings action. Defendant 
is the person or party who defends against the ac- 
tion. Habeas corpus, the most noted term in law, 
is a writ issued by some judge ordering that any per- 
son detaining another against his will, shall at once 
show reason for the detention or grant him his free- 
dom. Mandamus is a writ commanding a certain 
thing to be done. Injunction is usually about the 



JUSTICES' AND COUNTY COURTS, 91 

opposite of mandamus, commanding that a certain 
thing shall not be done. Appellate jurisdiction is 
jurisdiction over cases appealed from lower courts. 
Points for Development.— Name some crimes. Name 
some civil offenses. Name two felonies. Two misdemean- 
ors. Illustrate the distinction between a point of law and 
point of fact. Illustrate the justness of habeas corpus. 



CHAPTER XXV. 



JUSTICES' AND COUNTY COURTS. 



Justices' Courts. — There are four classes of 
justices, — township, village, city, and county, but 
they have what is called concurrent jurisdiction; that 
is, their jurisdiction under certain circumstances ex- 
tends to any part of the county. They have juris- 
diction in a civil action to recover money, to recover 
personal property, to foreclose or enforce a lien upon 
chattels or trespassing animals, to detain real estate 
for rents, etc., when the amount in controversy does 
not exceed two hundred dollars; but in no case do 
they have jurisdiction when boundaries or titles of 
real estate are in question. In criminal jurisdic- 
tion they have the power to prevent the commission 
of public offenses, to institute searches and seizures, 
to require the arrest of persons charged with crime, 
to require and accept bail, etc., also to try criminal 
cases in which the offense charged is punishable by 
fine not exceeding one hundred dollars or by impris- 



92 CIVIL GOVERNMENT, 

onment in the county jail for not more than thirty 
days. City police magistrates have the same juris- 
diction as justices. 

Points for Development— What is a lien? What are 
chattels? What is trespass? Has a person a right to in- 
jure trespassing animals? Can you give any reasons why 
boundaries or titles of real estate should not be settled in 
justices' courts? What are the advantages of having jus- 
tices' courts? Could a case of felony be tried in a justice's 
court? Why? Have city police magistrates any other ju- 
risdiction than that of justices? 

Procedure in Justices' Courts.— A civil ac- 
tion in a justice's court is begun by the issuance of a 
summons by the justice. This summons is issued in 
the name of "The State of North Dakota/' and is ad- 
dressed to the defendant, summoning him to appear 
at a certain time and place to answer to a certain 
charge, which must be plainly stated. The sum- 
mons may be served by sheriff, constable, or any 
other person not a party in the action, by delivering 
a copy of the summons to the defendant at least 
three days before the time set for the trial. If in 
the trial a point of law is at issue, the question is 
decided by the justice, but if a point of fact is at 
issue, a jury of six is called, who shall hear the tes- 
timony and decide the point. Such jury may be 
waived, if neither party demands it. In criminal 
cases the procedure is about the same. A jury of 
twelve men may be demanded by either party. An 
appeal from any decisions of the justice's court may 
be taken to the district court, or to the county court 
when it has increased jurisdiction. 



JUSTICES' AND COUNTY COURTS. 



93 



Points for Development —Make out a summons. Why 
should the justice decide points of law and juries points of 
fact? What is testimony? Why a larger jury in a criminal 
case than in a civil case? What is an appeal? Who can 
appeal? What may be the advantages and disadvantages 
of an appeal? Does a decision of a court of law always 
mean that justice has been done? What often prevents jus- 
tice? 

County Court. — The county court as a court of 
probate has already been considered, and as such 
the office of judge is very similar to that of other 
county offices, being executive to quite an extent. 
But in counties having two thousand or more 
inhabitants the jurisdiction of the county court may 
be increased by a majority vote of the electors. It 
then has concurrent jurisdiction in the county with 
the district court when the amount at issue in any 
civil case is not over one thousand dollars, and in 
criminal cases where the alleged crime is below fel- 
ony. The county judge must then be an attorney 
by profession. In counties of less than eighteen 
thousand inhabitants the clerk of the district court 
acts as clerk of the county court, but in counties of 
larger population the judge has the power to ap- 
point his own clerk. An appeal from the county 
court may be taken to the district court or supreme 
court. 

Points for Development -Has the county court increased 
jurisdiction in your county? What would be the advan- 
tages of increase of jurisdiction? Disadvantages? Could a 
case of forgery be tried in a county court of increased juris- 
diction? Does such a county court have concurrent juris- 
diction with justices' courts or district court, or with both? 



CHAPTER XXVL 



DISTRICT COURTS. 



District Courts Described. — There are seven 
district courts in the state, and therefore seven 
judicial districts. The first includes Grand Forks 
and Nelson counties; the second, Ramsey, Towner, 
Rolette, Benson, Pierce, Bottineau, McHenry, Ward, 
and Williams; the third, Cass, Steele, and Traill; 
the fourth, Richland, Ransom, Sargent, Dickey, and 
Mcintosh; the fifth, Stutsman, Barnes, La Moure, 
Griggs, Foster, Eddy, Wells, and Logan; the sixth, 
Burleigh, Emmons, Kidder, McLean, Morton, Oliver, 
Mercer, Stark, Billings, and the unorganized coun- 
ties; the seventh, Pembina, Walsh, and Cavalier. 
The district courts have original jurisdiction in all 
cases within their own districts, except cases in pro- 
bate and questions affecting the sovereign rights of 
the state. It has appellate jurisdiction in cases 
from any inferior courts, and appeals may be taken 
from it to the supreme court. Court must be held 
at least twice a year in each subdivision of the dis- 
trict. In sparsely settled districts two or more 
counties are sometimes united into one judicial sub- 
division. 

Points for Development.— In which district do you live? 
What is original jurisdiction? Is there more than one 
county in your judicial subdivision? Where does the court 
convene in your county? What are the dates of the terms 
in your county? Attend district court for a day or two if 
possible. 

(94) 



DISTRICT COURTS. 95 

Judges of District Courts. — Judges of the 
district courts are elected by the voters of their re- 
spective districts in presidential years and for terms 
of four years. Xo one is eligible to the office of dis- 
trict judge unless he is learned in the law, is at 
least twenty-five years old, is a citizen, and has re- 
sided within the state at least two years next pre- 
ceding his election, and is an elector within his own 
judicial district. The salary of the district judges 
is thirty-five hundred dollars a year. 

Points for Development— Who is your judge? Name the 
judges of the other districts. Discuss each qualification of 
the judge. What other qualifications ought he to have? 
Why is so large a salary paid the judge? Would it be bet- 
ter for judges to be elected for a longer time? W T hy? 

Procedure in District Courts. — The district 
court is considered to be always open to what are 
called court cases, that is, cases where points of law 
are in question and are to be decided by the judge. 
All cases in which there are questions as to the facts 
must be tried in regular term time in the county 
in which the action is brought, unless the parties in 
the case agree to waive a jury. Actions are begun 
in the same manner as in justices' courts, by a sum- 
mons being served on the person against whom suit 
is brought. If the person cannot conveniently be 
found, a copy of the summons may be left at his 
usual place of residence in the presence of one or 
more members of his family over fourteen years of 
age. Summons may also be made by publication 
and by mail. If the defendant appear voluntarily 
for the defense, the service of the summons is un- 
necessary. 



96 CIVIL GOVERNMENT. 

Points for Development.— What are judges' 'chambers? 
Has the judge of your district fixed chambers? Why can 
not questions of fact be tried at any time the same as ques- 
tions of law? If you hold a note against a person for one 
hundred dollars and he refuses "to pay it, would you bring 
action in a justice's court or in the district court? Why? 
Could you bring it in either? How would it be if the note 
was for five hundred dollars? 



CHAPTER XXVII. 



JURIES AND WITNESSES. 



Trial by Jury,— When there is a question of 
fact in a civil action, or when the case is a criminal 
action, and the jury is not waived, the judge shall 
order the clerk of court to call a jury. When the 
requisite number of jurors has been selected and 
impaneled, the trial begins. The first is the reading 
of the complaint by the counsel, who is a lawyer 
who has charge of the plaintiff's case. The com- 
plaint must state in a clear manner the facts that 
are expected to be proved. Evidence for the plaintiff 
is then introduced and his witnesses are examined 
and cross-examined. The counsel for the defense 
next makes his answer to the complaint and then 
introduces his evidence. The plaintiff may again 
offer evidence in rebuttal of that brought in by the 
defense, and the defendant may also bring in evi- 
dence to refute the evidence of rebuttal. The coun- 
sel for the defendant sums up his evidence in his 



JURIES AND WITNESSES. 97 

argument to the jury, and then the counsel for the 
plaintiff does the same. The judge instructs the 
jury on points of law in the case. The jury then 
retire to a room by themselves, and if they all agree 
to the same verdict, they return to the court room 
and render such verdict. If they do not agree, they 
are dismissed and the case is tried before another 
jury at some future time. 

Points for Development— Organize a court with its 
proper officers and conduct a trial by jury. Who cross-ex- 
amines witnesses? Is evidence admitted except to prove or 
disprove the allegations made in the complaint? What 
should be the nature of the judge's charge? Does a jury 
need to understand much about law? Why? 

Juries. — A jury is a body of men authorized by 
law to listen to evidence in courts of justice and 
to render verdicts on questions of fact. There are 
two general classes, grand and petit. Both classes 
are summoned by order of the judge or justice of 
the court in which they are to serve. Any male 
elector is considered competent to serve on a jury 
in his own county, but there are some exemptions: 
such as judges and clerks of court, sheriff, coroner, 
attorneys, jailers, clergymen, county commissioners, 
register of deeds, rjhysicians, postmasters and car- 
riers of mail, members of fire companies, persons 
over sixty years of ago, or of bodily disability, or 
unsound mind, or having been convicted of some 
crime. 

Points for Development.— Enumerate the persons in your 
vicinity who would be exempt from jury duty. Would a 
jury composed of one class of citizens be desirable? Why? 
Give reasons for each exemption mentioned above. Is a 
jury of ancient or modern origin? 



98 CIVIL GOVERNMENT. 

Juries; How Summoned. — Each county shall 
keep a list of the names of two hundred competent 
persons, justly apportioned to the various parts of 
the county, from which jurors may be drawn from 
time to time as needed in the district court. When 
the judge has issued an order for a certain number 
of jurors, the county board to select jurors, consist- 
ing of the clerk of court, auditor, treasurer, and 
sheriff, shall meet and draw from the list of two 
hundred as many as ordered. At the close of the 
term of court, the list shall again be filled to two 
hundred, from others than those who were last 
drawn, and this rotation shall go on until all in 
various parts of the county competent to serve have 
been placed on the list. Every juror summoned is 
obliged to appear at court on the day specified and 
must serve as juror unless excused. If he fails to 
appear, he may be fined not less than five or more 
than fifty dollars. 

Points for Development.— How many jurors out of the 
two hundred is your township entitled to? How are they 
selected in your township? Why should there be rotation 
in the jury list? What would be a reasonable excuse for an 
absent juror? How are juries summoned for justices' 
courts? Should persons not able to understand the English 
language well be placed on the jury list? What reasons 
might a person have for not desiring to be a juror? 

Grand Jury. — A grand jury is a body of not 
less than sixteen nor more than twenty-three men 
summoned by the judge, whose duty it is to inquire 
into all crimes or public offenses within the county. 
They do not convict of crime, but make indictments 
for offense, and then the indicted person is tried 



Jl^RIES AXD WITNESSES. 99 

before the district court. In most states a grand 
jury is summoned to appear before the beginning 
of each term of the district court and all except a 
few minor offenses must come before them previous 
to coming before the district court. They hold their 
meetings in private, may summon and examine wit- 
nesses, and by a concurrence of at least twelve of 
their number, shall bring indictment for any offense. 
In Xorth Dakota the grand jury is now almost 
wholly dispensed with. The judge summons such 
jury when he shall deem it necessary, w T hen re- 
quested by the county commissioners to do so, or 
when petitioned to do so by at least twenty-five resi- 
dent taxpayers. In place of indictments by a grand 
jury, informations are filed by the state's attorney, 
such informations usually based on some prelimin- 
ary examination before an inferior magistrate. 

Points for Development.— When did the last grand jury 
assemble in your county? What is an indictment? Is the 
examination before a grand jury usually so extensive as be- 
fore a petit jury? What are the advantages and disadvan- 
tages of a grand jury? Why such a large number in a 
grand jury? 

Petit Jury. — A petit jury in the district court 
consists of twelve men. A larger number is always 
summoned by the judge, as some of them are usually 
disqualified from serving on certain cases. When 
a jury case is called for trial, the clerk of court 
places the names of all the jurors in a box and then 
draws therefrom twelve names, who will constitute 
the jury unless excused. They are placed under 
oath and then examined as to their knowledge of the 
case and their prejudices in regard to it. Fre- 



100 CIVIL GOVERNMENT 

quently some are prejudiced and are excused. As 
soon as one is excused another name is drawn from 
the box. When the jury is finally complete they are 
again sworn to try the case impartially, and the 
trial proceeds. After listening to evidence, argu- 
ments, and charge, they retire and confer upon a 
verdict. They must be unanimous in their verdict, 
or the jury is said to disagree. Frequently juries 
are kept out for many hours, in an endeavor to com- 
pel an agreement. Sometimes as soon as one jury 
retires another is called from the remaining jurors, 
and another case is begun. 

Points for Development.- How many petit jurors are 
usually summoned by the judge in your county? What 
should disqualify a juror from serving on any certain case? 
Who have the right to challenge a juror's right to serve on 
a case? What is the object of having the jury unanimous 
in their verdict? Should not a majority be sufficient to ren- 
der a verdict? Is the jury system as it now exists in ac- 
cordance with modern progress? What is the object of 
keeping jurors out after they have reported that they can 
not agree? 

Witnesses. — Witnesses,, when properly sub- 
poenaed, must appear and testify in all criminal 
cases within their own county, but in civil cases 
they may demand fees in advance, and if the fees 
be not paid, they need not obey the subpoena. The 
testimony of witnesses is either their sworn state- 
ment in writing, called an affidavit or deposition, or 
their oral statement. In the former case the wit- 
ness does not appear in court. 

Points for Development— What is a subpoena? When 
must witnesses go out of their own county? Who are not 
competent to be witnesses? When is a person not compelled 



SUPREME COURT, BOARDS OF CONCILIATION. 101 

to testify against himself? Why do witnesses often dis- 
agree in their testimony? What is false swearing of a wit- 
in ss called? How is it punished? 

Counsel for Accused. — Every person is con- 
sidered, in the eyes of the law, innocent until he is 
proved guilty. Therefore every one accused of 
crime is given an opportunity to defend himself. If 
he testifies that he is unable to obtain counsel, the 
judge assigns some attorney to be his counsel and 
to do the best he can in the defense of the accused. 

Points for Development.— I n some countries an accused 
person is deemed guilty, and must prove his innocence. 
Which is better? Why? Who pays for the defense of per- 
son who is not able to pay? 

Fees of Jurors and Witnesses.— Jurors in 
district court receive two dollars per day, and in 
justice's court or coroner's inquest, one dollar per 
day, and in either case five cents per mile for dis- 
tance traveled. Witnesses before any court or tri- 
bunal receive one dollar per day and ten cents per 
mile for distance traveled one way. 

Points for Development.— Why is the fee of witnesses so 
small? How is the time computed? 



CHAPTER XXVIII. 



SLTREME COURT AND BOARDS OP CONCILIATION. 



Supreme Court. — The supreme court, as its 
name indicates, is the highest court of the state. 
From its decisions there is no appeal in state mat- 
ters. The constitution provides that there shall be 



102 CIVIL GOVERNMENT. 

three judges of the supreme court, and this number 
may be increased to five when the population of the 
state has reached 600,000. The judges are elected 
for terms of six years, one in each even numbered 
year, and by the electors at large at the time of 
general election. The judge whose term expires at 
the next biennial election is always the chief justice. 
No person is eligible to the office unless he is learned 
in the law, is at least thirty years of age and a citi- 
zen of the United States, and has resided in the state 
three years next preceding his election. The salary 
of the judges is four thousand dollars a year. Two 
general terms of the supreme court are held each 
year at the seat of government, on the first Tues- 
days in April and October. They may hold special 
terms at the same place when public interests seem 
to demand it. The judges appoint a clerk and re- 
porter of the supreme court to act during the pleas- 
ure of the court. Their salaries are fifteen hundred 
dollars and eight hundred dollars, respectively. The 
sheriffs of Burleigh, Cass, and Grand Forks counties 
act as marshals of the supreme court. 

Points for Development —Under what conditions might 
there be an appeal from the supreme court? To what would 
the appeal be taken? Who are the present judges? What 
are the judges of the supreme court often called? Would it 
be better for the judges to be appointed instead of elected? 
Would there be any reasons for making their terms for 
life instead of six years? Give reason for and against. 
Who is chief justice at present? Who will succeed him? 
What is the object of holding the supreme court at the seat 
of government? 



SUPREME COURT, BOARDS OF CONCILIATION. 103 

Jurisdiction of Supreme Court.— The su- 
preme court has original jurisdiction in cases where 
the state as a body corporate is in question, and has 
power to issue original writs of habeas corpus, man- 
damus, injunction, etc., necessary to the exercise of 
its jurisdiction. No jury trial is allowed in the 
supreme court. Its work is almost wholly confined 
to appellate jurisdiction. It does not decide upon 
questions of fact, but upon questions of law. It 
reviews all cases appealed to it from the district 
or county courts. It considers all evidence given in 
the lower court so far as it bears on the point ap- 
pealed, but it can introduce no new evidence. If 
it finds that the case has been conducted in the 
lower court according to law and evidence, it up- 
holds the decision of the lower court ana the case 
is ended, otherwise it reverses the decision of the 
lower court. The concurrence of a majority of the 
judges is necessary to a judgment. The decisions of 
the court must be in writing, and are printed and 
distributed for the government of future cases. 

Points for Development.— Why should the supreme court 
have original jurisdiction in cases where the sovereignty 
of the state is in question? Secure a supreme court report 
and look over some of the decisions. What is the difference 
between an opinion and a decision of the supreme court? 
Does the opinion of the court in regard to a law decide its 
constitutionality? When a decision has been made by the 
court, would a future case bearing upon the same points be 
considered by them? 

Boards of Conciliation. — in addition to the 
regular courts there is what is called a board of 
conciliation, which is a body intended to promote 



104 CIVIL GOVERNMENT. 

the principle of arbitration. Each town, village, 
and city elects four commissioners of conciliation, 
whose term of office is two years. When any civil 
action is begun before a justice of the peace, the 
action may be brought before any two of these com- 
missioners by the agreement of both interested par- 
ties. No attorney is allowed to act for either party. 
The commissioners hear the evidence and suggest 
an equitable method of settlement. If both parties 
agree to the settlement, they sign the agreement, 
and it is entered as a judgment of the court of the 
justice of peace before whom the action was begun. 
The law is excellent in theory, but has not yet been 
much used in the settlement of cases. 

Points for Development.— What is arbitration? What 
would be the advantages of its application? Are there any 
noted intances of recent arbitration? Why has not the 
board of conciliation proved popular in the state? Have 
any cases come before it in your town? W T hy is no attor- 
ney allowed in these cases? What about the cost to both 
parties before the boards of conciliation as compared with 
the cost before the courts? 

Vacancies. — Vacancies in the supreme and dis- 
trict judgeships are filled by the governor; in the 
lower courts, by the county commissioners. Such 
appointments will be in effect only until the next 
general election. 

Points for Development —Why not call a special election 
to fill such vacancies? Why not have the appointment con- 
tinue until expiration of terms? 



SECTION VII. 

The State. 



CHAPTER XXIX. 

INTRODUCTORY. 



Historical. — North Dakota forms a part of that 
territory of Louisiana which was purchased from 
Napoleon in 1803. During its history it has had 
various names and has been attached to various 
territories for governmental purposes. It has been 
successively a part of Indian Territory, Missouri 
Territory, Michigan Territory, Wisconsin Territory, 
Iowa Territory Minnesota Territory, except the 
western part, which was included in Mandan Terri- 
tory and afterwards in Nebraska Territory, and 
finally, in 1861, was organized with the present state 
of South Dakota into Dakota Territory. The Ter- 
ritory was organized under President Buchanan, 
but the first territorial officers were appointed by 
President Lincoln. 

Points for Development.— Draw map of the United 
States of 1803, outlining carefully the Louisiana Purchase. 
In this map place the present state of North Dakota. Give 
the latitude or longitude, as the case may be, of the north- 
ern, western, and southern boundaries of the state. How 
does North Dakota compare in size with other western 
states? For purposes of government are large states or 
small states better? Give reasons for each. From what 
was Dakota named? 

(105) 



106 CIVIL GOVERNMENT. 

Early Government. — Yankton was the first 
seat of government of the Territory and continued to 
be the capital until 1883, when it was changed to 
Bismarck. The first governor was William Jaynes. 
The Territory had ten governors in all, appointed 
by the various presidents from 1861 to 1889. Most 
of these governors were not residents of the Terri- 
tory and had no particular interests here. The first 
session of the legislature was held in 1862 and the 
last in 1889. The last governor was Arthur C. Mel- 
lette, who held the office during the period of state- 
making in the two Dakotas and until the first gov- 
ernors of the two states were inaugurated. 

Points for Development.— Can you give any reason for 
change of capital from Yankton to Bismarck? Can a terri- 
tory be considered a truly republican form of government? 
Why were the governors usually selected from non-resi- 
dents? 

Steps Toward Statehood.— Soon after 1880 the 
population of the Territory began rapidly to in- 
crease. The desire for home government soon de- 
veloped. Several efforts were made to secure state- 
hood, but these were not successful until 1889. 
Although the population had increased to about 
500,000, congress seemed unwilling to consider the 
question. There were dissensions at home, as to 
whether there should be one or two states made of 
the Territory. Educational and charitable institu- 
tions had been located in both parts of the Territory; 
there were population and property enough to sup- 
port two states; and finally it was agreed to ask 
congress to divide Dakota Territory and admit as 
states North and South Dakota. 



INTRODUCTORY. 107 

Points for Development— In what respects is a state gov- 
ernment more satisfactory to the people than a territorial 
government? How did the population of Dakota compare 
with that of most states when they were admitted? What 
political reason might there have been for congress not to 
desire to admit the Dakotas? What have been the chief 
advantages of the two states instead of the one? 

Statehood; How Obtained.— A territory can 
be admitted to statehood only by act of congress. 
Congress can not be compelled to grant statehood, 
nor on the other hand can congress compel any ter- 
ritory to become a state. A territory may hold a 
constitutional convention, frame a constitution, sub- 
mit it to the electors of the territory for ap- 
proval, and then petition congress to be admitted as 
a state. Congress may then pass an enabling act 
which will admit the territory to statehood. An- 
other method of gaining statehood is for congress 
first to pass an enabling act permitting the terri- 
tory to hold a convention and frame a constitution. 
When such constitution has been approved by con- 
gress, or by the president when authorized by con- 
gress, the state is admitted by proclamation of the 
president. North Dakota was admitted by the lat- 
ter method. 

Points for Development —Why should congress decide 
when a territory shall become a state? Should a territory 
with a very small population become a state? Why? What 
other states were admitted at the same time as North Da- 
kota? What is the number of North Dakota as regards the 
order of admission? What states have been admitted with- 
out first having a territorial government? 



t08 CIVIL GOVERNMENT. 

The Enabling Act.— The enabling act for the 
admission of North Dakota, together with South 
Dakota, Montana, and Washington, was approved 
on Feb. 22, 1889. It prescribed the boundaries of 
the state, provided for a constitutional convention 
to be held at Bismarck commencing on the Fourth 
of July of the same year, and appointed a day of elec- 
tion of delegates to said convention. It also ap- 
pointed the first Tuesday in October, 18S9, as the 
day for the constitution to be submitted to the peo- 
ple for their approval or rejection. It provided that 
the constitution should be republican in form and 
should guarantee to every person civil and religious 
liberty; that certain lands shall be set aside for the 
exclusive use of the common schools, the state 
schools, and charitable institutions. It further pro- 
vided that the constitutional convention might ar- 
range for the first election of all state officers. These 
are some of the principal provisions of the act under 
which our state constitution w T as framed. 

Points for Development— Secure a constitution of the 
state and read the enabling act. Who was president when 
the enabling act was approved? Note the historical days 
in connection with our constitution. Why should a consti- 
tution be submitted to the people, and not be left with their 
delegates to ratify? What is meant by civil liberty? re- 
ligious liberty? Who owned the public land before it be- 
came the property of the state? Is it owned now abso- 
lutely by the schools and institutions or held in trust by 
the state? 



CHAPTER XXX. 



THE CONSTITUTION. 



The Constitutional Convention.— The election 
of delegates to the constitutional convention was 
held on the Tuesday after the second Monday of 
May, 1889, and these delegates, seventy-five in num- 
ber, three being chosen from each of the twenty-five 
districts into which the state was divided, assem- 
bled at the capital on the fourth day of July fol- 
lowing. The convention organized by electing F. 
B. Fancher, of Jamestow^n, as president, and J. G. 
Hamilton, of Grand Forks, as chief clerk. The con- 
vention did its work, prepared the constitution, sec- 
tion by section, and on August 17th, after having 
continued in session forty-five days, adjourned. On 
the day appointed the constitution w r as submitted to 
the vote of the electors and was approved by a vote 
of 27,441 to 8,107. President Harrison, finding that 
the constitution was in accordance with the pro- 
visions of the enabling act of congress, signed the 
proclamation making Xorth Dakota a state on Nov. 
2, 1889. 

Points for Development. — Who were the delegates to the 
constitutional convention from your district? To what po- 
litical parties did they belong? What constituted your dis- 
trict? Was any part of your county not in your district? 
If so, who were the delegates from it? Have the presi- 
dent and chief clerk of the convention been prominent in 
public affairs since? Secure a complete list of the mem- 
bers of the constitutional convention and note how many 

(109) 



110 CIVIL GOVERNMENT 

of them have since been promient in state affairs. Is it 
important to know something of the men who made our 
constitution? What was the vote of your county on the 
constitution? Why did your county approve or disapprove? 

First Election. — The constitutional convention 
provided for the first election on the day of the 
vote on the constitution. At that election John Mil- 
ler was elected as the first governor of North Da- 
kota and H. C. Hansbrough as the first representa- 
tive to congress. All other state officers, legisla- 
tive, executive, and judicial, were also elected at the 
same time. 

Points for Development.— Name the other state officer 
elected at the first election. How long did Hansbrough 
serve as representative? What was his public office after 
that? How long was John Miller governor? What was the 
date of his inauguration? 

The Constitution. — The constitution is the fun- 
damental law of the state. It lays down broad prin- 
ciples of law which shall be the general guide to the 
officers and citizens of the commonwealth. It is 
divided into twenty departments called articles, 
each of which will receive attention as the discus- 
sion of the state continues. The preamble reads 
thus: "We, the people of North Dakota, grateful 
to Almighty God for the blessings of civil and re- 
ligious liberty, do ordain and establish this consti- 
tution." 

Points for Development.— What is meant by fundamental 
law? Compare the length of our state constitution with 
that of the nation. Should a constitution go into the details 
of legislation or leave that for the legislatures? Has our 
constitution legislated too much or too little? Commit the 
preamble. Compare it with the preamble of the United 
States constitution. 



THE CONSTITUTION. Ill 

Declaration of Rights. — The first article of 
the constitution is called the declaration of rights. 
The first section declares that "All men are by 
nature equally free and independent and have cer- 
tain inalienable rights, among which are those of 
enjoying and defending life and liberty; acquiring, 
possessing and protecting property and reputation; 
and pursuing and obtaining safety and happiness.-' 
It then enumerates fully the rights of the people, 
one towards another, the rights of the people due 
from the state, and the rights of the state due 
from the people. This declaration of rights, found 
in all republican constitutions, is one that is dearest 
to the hearts of the liberty-loving American people. 

Points for Development.— Compare the quotation in the 
paragraph above with second section of the Declaration of 
Independence. Has any person rights which interfere with 
the rights of others? Name some rights and show how they 
do not interfere with the rights of others. What are some 
of the rights which a government may claim from its citi- 
zens? What is the doctrine of the anarchists in regard to 
these rights? What are the nihilists and socialists? 

State Government. — The state, like most polit- 
ical divisions of a republican form, has three depart- 
ments to its government the legislative, or law mak- 
ing, the executive, or law executing, and the judi- 
cial, or law interpreting. In the state we find these 
three departments much more sharply defined and 
distinct than in the divisions already discussed. 

Points for Development.— Why should not the three de- 
partments be combined? Give the order in which these 
three departments must act on any law and tell why. 
Which of these departments would be necessary in an ab- 
solute monarchy? 



CHAPTER XXXI. 



LEGISLATIVE DEPARTMENT. 



Importance of the Legislative Department — 

The legislative department, or the legislature, as it 
is conmionh T called, is the law making body of the 
state. The legislature of a state has wider powers 
than can be found vested anywhere else in the na- 
tion. The executive of state or nation can only ex- 
ecute such laws as exist. Even congress can legis- 
late only upon such matters as are specified in the 
national constitution, while the legislature ruay 
legislate upon any subjects not forbidden by the 
constitutions of the nation or state. This almost 
unlimited power makes the legislative department 
of a state a very important body. 

Points for Development— Why is it important that a 
state legislature should have broad powers? What are 
some of the thiugs forbidden to state legislatures? Refer to 
the national constitution as to powers of states. What kind 
of men should be sent to the legislature? 

Powers of the Legislature.— The legislature of 
our state is legally designated the Legislative As- 
sembly of the State of North Dakota. It meets at 
the seat of government at noon on the first Tues- 
day after the first Monday of January in odd num- 
bered years. Its sessions are biennial unless called 
together in special session, and no regular session 
shall last longer than sixty days, except in case of 
impeachment. It must pass such laws as are nec- 
essary to carry out the provisions of the constitution, 

(112) 



LEGISLATIVE DEPARTMENT. 113 

but it is prohibited from enacting class legislation 
or from making special laws where a general law 
can be made applicable. Any law made conflicting 
with these prohibitions would be null and void. 
The legislature has the power, and it is its duty, to 
enact laws for the transaction of business between 
man and man in the state, to regulate traffic, to ar- 
range for justice through the courts, to provide for 
the maintenance of charitable and educational in- 
stitutions, and to legislate on all matters pertain- 
ing to the welfare of the state. 

Points for Development. — When did the first session of 
the state legislature convene? How long did it remain in 
session? What would be the advantages of more frequent 
sessions of the legislature? Of less frequent? What is the 
object of prohibiting class legislation? Who would deter- 
mine a law to be null and void? Does legislation always 
tend to the welfare of the state? Why? W T hat will usually 
prevent a legislature from enacting bad laws? 

Divisions of the Legislature.— Every state of 
the Union, as well as the national government itself, 
has two bodies in its legislative department. The 
names of these two bodies, or houses as they are 
called, vary somewhat in the different states, but 
in Xorth Dakota are designated as the senate and 
house of representatives. The senate is always a 
smaller body than the house of representatives, and 
is supposed to be more select. Before any bill can 
become a law T of the state it must pass both houses ; 
therefore two houses instead of one prevent hasty 
legislation. The legislators of the senate are called 
senators, and of the other house, representatives. 
The constitution provides that the senate shall be 



114 CIVIL GOVERNMENT. 

composed of not less than thirty nor more than sixty 
members, and the house of representatives of not 
less than sixty nor more than one hundred forty 
members. 

Points for Development.— What is the advantage of two 
houses of the legislature instead of one? If two houses are 
better than one, why should there not be three or more? 
Why should there be limits to the number of legislators? 
Near which limit is the number now fixed in this state? 
Would it be wise to increase the number at present? Why? 

Legislative Districts. — The constitution pro- 
vides that the state shall be divided into senatorial 
districts and numbered from one upward, and that 
one senator shall be elected from each district, and 
that the representatives are to be elected from these 
senatorial districts. It also provides that an enu- 
meration of the population of the state shall be 
taken in 1895 and every tenth year thereafter, and 
that at the next session of the legislature after such 
enumeration, also after each federal enumeration, 
the legislature shall redistrict the state according to 
population. The constitution fixed the senatorial 
districts, which remained unchanged until 1897. By 
this division there were thirty-one senatorial dis- 
tricts. The number of representatives from each 
district varied from one to four, but the whole num- 
ber was sixty-two. 

Points for Development.— What is the number of the 
senatorial district in which you live? What territory does 
it include? Draw map of the district. If there are other 
districts in your county draw maps of them also. How 
many representatives does your district elect? How many 



LEGISLATIVE DEPARTMENT. 115 

does your county? How many members of the senate at 
present? This would be one senator for about bow much 
population in the state? Is your district fairly represented 
according to its population? 

Legislative Election. — Senators and representa- 
tives are elected by the voters of their respective 
districts at the regular biennial elections, senators 
for four years and representatives for two years. 
Senators from the odd numbered districts are elected 
at one biennial election and those from the even 
numbered districts at the next. 

Points for Development — Who is the senator from your 
"district? When elected? Who are the representatives? 
Who are the other senators and representatives of your 
county, if any? To what political party does each belong? 

The Senate. — No person can be a senator unless 
he is a qualified elector in the district in which he 
is elected, is at least twenty -five years of age, and 
has been a resident of the state for two years next 
preceding his election. At the beginning and close 
of its session the senate elects from its own number 
a president pro tempore, who is to take the place of 
the lieutenant-governor in case of the latter's ina- 
bility at any time to serve. It also elects, not from 
its own number, a secretary, assistant secretary, en- 
rolling and engrossing clerk, bill clerk, -stenographer, 
sergeant-at-arms, and several minor employes. The 
senate alone has the pow T er to try all cases of im- 
peachment. Appointments of the governor are made 
through the advice and consent of the senate. The 
senate is also sole judge of the qualification of its 
own members. 



116 CIVIL GOVERNMENT, 

Points for Development.— Give reasons for each of the 
qualifications of a senator. What would be the duty of the 
president pro tempore usually? If the lieutenant-governor 
were absent? Who is the present president pro tempore? 
Would he become governor if both the governor and lieu- 
tenant-governor should be disqualified? Is impeachment 
an accusation or a conviction? In confirming appointments 
of the governor is the senate legislative or executive? In 
deciding between two claimants for a seat from the same 
district, would the senate be legislative, executive, or ju- 
dicial? 

House of Representatives.— No person can be 
a representative unless lie has the same qualifica- 
tions as are necessary for a senator, except that the 
age is twenty-one instead of tw r enty-five. At the 
beginning of the session the house elects one of its 
members as speaker, whose duty it is to preside 
during the session. It also elects about the same 
officers and employes as the senate, except that the 
principal clerk is called chief clerk instead of sec- 
retary. The house of representatives alone has the 
power to institute all proceedings of impeachment, 
and, like the senate, is sole judge of the qualifica- 
tions of its own members. 

Points for Development.— What reason for decreasing 
the age qualification for members of the house? Who was 
the last elected speaker of the house? What should be the 
special qualifications of the speaker? Get a full list of em- 
ployes of the two houses and discuss each. 

Term of Office.— The term of office of senators, 
representatives, president pro tempore elected at 
the close of the session of the senate, secretary of 
the senate, and chief clerk of the house, does not 
expire until their successors have qualified at the 



LEGISLATIVE DEPARTMENT. 117 

beginning of the next session. The term of office of 
all other officers and employes of the legislature ex- 
pires at the close of the session for which they were 
elected. 

Points for Development— If a special session of the leg- 
islature was called, would there be a special election of 
senators and representatives? 

Legislative Salaries and Fees. — Senators and 
representatives receive five dollars per day during 
each session and a mileage of ten cents per mile. 
The president pro tempore of the senate and speaker 
of the house receive two dollars a day extra. The 
secretary of the senate and chief clerk of the house 
receive six dollars per day. The assistant secretary 
and clerk> enrolling and engrossing clerks, bill 
clerks, journal clerks, and clerks of the judiciary 
committees, receive five dollars per day. All other 
officers receive from two to four dollars per day. 

Points for Development.— What would be the cost of 
salaries of members of the legislature for a regular session? 
How much mileage would your senator receive? About 
how much is the entire cost of a session of the legislature? 

Vacancies. — Vacancies in either body of the leg- 
islature are filled by special election called by the 
governor. 

Points for Development.— Why are not vacancies in the 
legislature filled by the governor as in most other offices? 



CHAPTER XXXII. 



BILLS, LAWS, ETC. 



Bills; How Introduced.— A bill is a proposed 
law. Bills may be introduced in either house and 
by anj member thereof. A bill is introduced by be- 
ing read in full in open session. Each bill must be 
read three times. It may be read a second time on 
the day on which it was introduced, and then by 
title only, unless there be a demand that it be read 
at length. The third reading cannot be on the day 
of introduction. A bill is usually referred to a com- 
mittee, who will report as to the advisability of its 
passage. 

Points for Development.— Get some bills and study their 
forms. Why should a bill be read so many times? What 
is the advantage of referring a bill to a committee? Name 
some of the chief committees of a legislature. 

Passage of a Bill. — Certain days are usually 
set for the consideration of certain bills. On the 
day set the bill is read again in full, it is debated if 
any one so desires, amendments may be proposed and 
adopted, or lost, and finally, a vote is taken. The 
vote is taken by yeas and nays, each member re- 
sponding as his name is called, and his vote is re- 
corded. A majority of all the members of the body, 
and not simply a majority of those voting, are neces- 
sary to the passage of a bill. When a bill has been 
passed it is sent to the other house, where it goes 

(118) 



BILLS, LAWS, ETC. 119 

through tlit same process as in the house where it 
originated. If it is amended it must be sent back to 
the house where it originated for approval or disap- 
proval of the amendment. Sometimes conference 
committees are appointed in such cases to propose 
amendments that will be acceptable to both houses. 
When the bill has finally been agreed to by both 
houses and has received the signatures of the pre- 
siding officer of each it is ready to become a law. 

Points for Development.— Form a legislative assembly of 
the class, have some one introduce a bill, refer it to a com- 
mittee, debate it, and take a vote upon it. What is the ob- 
ject of recording how each man voted? What is the object 
of a majority of all members elected? Is it wise for so 
much time to be spent sometimes on a single bill? Why? 
What bills did the senator and representatives from your 
district introduce at the last session of the legislature? 
Which ones became laws? 

How a Bill Becomes a Law.— After the passage 
of a bill by both houses it may become a law in 
one of three ways. It is sent to the governor, and, 
if he signs it, it becomes a law. If he does not sign 
it, he returns it, together with his objections, to the 
house whence it originated. This is called vetoing 
a bill. If both houses pass it again, and this time 
by a two-thirds majority, it becomes a law. If the 
governor does not sign it and does not return it to 
the legislature within three days, it becomes a law. 
However, in the latter case, if the legislature has 
adjourned within the three days, the governor can 
veto the bill by filing it, together with his objections, 
in the office of secretary of state within fifteen days 
after such adjournment. 



120 CIVIL GOVERNMENT. 

Points for Development. — What is the use of the govern- 
or's vetoing power? Is the governor a better lawmaker 
than a majority of two houses chosen by the people? Why 
should a bill ever become a law in spite of the governor's 
veto? Did the governor veto any important bills of the last 
session? What were his reasons? What do you think of 
his reasons? 

Quorum. — A quorum to transact business in 
either branch of the legislature consists of a major- 
ity of all members-elect. A smaller number may 
adjourn from day to day, and may take measures to 
compel the attendance of absent members. 

Points for Development.— Is it likely that a mere quo- 
rum would be able to pass any bills? Should members 
without good reasons be absent from any sessions ? 

Special Power of the Legislature.— The legisla- 
ture has, besides the general power of making laws 
for the state, the special power of electing United 
States senators. This power of electing public offi- 
cials is almost always vested in the people in a re- 
public, but here is a noted exception. Inasmuch as 
senators are elected for six years, the legislature in 
two out of three of its sessions will be called upon 
to exercise this special power. The senator is 
elected by joint vote of the two houses and a. major- 
ity vote of all members-elect is necessary to the elec- 
tion. 

Points for Development.— Would it be better to have the 
United States senators elected by the people? Are there any 
noted instances of nearly all the interest of a legislative 
session being centered on the election of senator? Who 
was last elected senator in this state? Who is the other 
senator? When will their terms expire? To what political 
parties do they belong? 



CHAPTER XXXIII. 



EXECUTIVE DEPARTMENT. 



Officers of the Executive Department.— The 

executive depart merit of the state consists of the gov- 
ernor, who is the chief executive officer, and many 
other either elective or appointive officers, who assist 
him in the execution of the laws and in the admin- 
istration of his office. All states have governors, 
but not all have the same list of secondary officers. 
The elective officers of North Dakota, besides the 
governor, are lieutenant-governor, secretary of state. 
auditor, treasurer, superintendent of public instruc- 
tion, attorney general, commissioner of insurance, 
commissioner of agriculture and labor, and three 
commissioners of railroads. 

Points for Development.— Name the state officers elected 
at the last general election. When did they take their 
office? What state offices have any of them filled before? 

Election of State Officers.— The state officers 
are elected for a term of two years and by the 
electors at large. The election is held on the first 
Tuesday after the first Monday in November in even 
numbered years. A plurality, and not a majority of 
votes, is required for election. 

Points for Development.— ^ive reasons for a shorter or 
a loncr^r term for state officers. Why do not the new of- 
ficers take their - -non as the result of the election 
is known? Are there any states that now require a major- 
ity for election of state officers? 

(121) 



122 CIVIL GOVERNMENT. 

Powers and Duties of the Governor. —The 

governor is the commander-in-chief of the military 
forces of the state, except when called into the serv- 
ice of the United States, and he may call them out 
to aid in the execution of the laws. He has super- 
vision over the official conduct of the other state 
officers, and he must see that all offices are filled 
and the duties thereof performed. He is the official 
organ of communication between the government of 
his own state and that of any other state. He has 
the power to convene special sessions of the legisla- 
ture, and set the opening of each regular or special 
session he shall, by message, inform the legislature 
of the condition of the state and recommend such 
legislation as he may deem wise. He has power to 
remit fines, forfeitures, etc., and may grant reprieves, 
commutations, and pardons, except in cases of trea- 
son or impeachment. He makes appointments to 
fill vacancies, usually with the consent of the senate. 
He may veto bills, and, in case of appropriation bills, 
may veto parts of them. 

Points for Development. —Does the governor, when he 
has called the militia into the field, usually take command 
in person? Why? Note the almost unlimited powers given 
to the governor of the state. Why is this done? Has the 
governor of North Dakota ever convened a special session 
of the legislature? If so, for what purpose? Read the 
governor's last message. Reasons for and against the vest- 
ing of the pardoning power in the governor. In vetoing a 
bill is the governor exercising executive or legislative au- 
thority? Name the governors of North Dakota in order. 

Powers and Duties of Lieutenant-Governor. 

— The lieutenant-governor is president of the senate, 
but he has no vote, except in case of a tie. As 



EXECUTIVE DEPARTMENT. 123 

president of the senate, he usually has the privilege 
of appointing all committees of that body, although 
each house makes its own rules of procedure. 
Should the governor die, be impeached, resign, fail 
to qualify, be absent from the state, be removed 
from office, or in any way be disabled so as to render 
it impossible for him to attend properly to the duties 
of the office, the lieutenant-governor shall act as gov- 
ernor until the disability is removed, and shall have 
all the powers which are delegated to the governor. 
Points for Development.— Is the office of lieutenant-gov- 
ernor usually important? Is it likely to be? What then 
should be the qualifications of a lieutenant-governor? How 
much of the two years' term of the lieutenant-governor is 
usually given up to the duties of the office? Has any 
lieutenant-governor of the state ever assumed the duties 
of governor? 

Duties of Secretary of State.— The secretary of 
state has the custody of the constitution and great 
seal of the state and of all official records and papers. 
He keeps a register of and attests the official acts of 
the governor and affixes the great seal to all public 
instruments to which the signature of the governor 
is required. He distributes public documents and 
has charge of supplies for state officers. He records 
official bonds of state officers, and is in reality the 
official clerk of the state government. If there is 
a vacancy in the office of governor, and the lieuten- 
ant-governor should in any way become disqualified 
to fill the office, the secretary of state shall perform 
the duties of governor. 

Points for Development.— ^v*hy should the secretary of 
state be next in line to fill a vacancy in the governor's office 
after the lieutenant-governor? Is there any further pro- 
vision for succession to the governor's office? 



124 CIVIL GOVERNMENT. 

Duties of Auditor.— The auditor superintends 
the fiscal or financial affairs of the state. He audits 
all claims against the state and issues all warrants 
for payment of the same, and keeps an account be- 
tween the state and state treasurer. He reports to 
the governor in November before the assembling of 
the legislature the expenditures of the past two 
years, together with an estimate of the expenditures 
for the next two years. He directs and superintends 
the collection of all moneys due the state, and trans- 
mits to county auditors such information as may be 
necessary to them in their relations with the state. 
He institutes proceedings against defaulters to the 
state. He keeps a separate account of the school 
fund, and must report four times a year to the super- 
intendent of public instruction the amount of tuition 
fund. 

Points for Development.— Compare the duties of the state 
auditor and county auditor. What is the purpose of the 
estimate of expenditures for every two succeeding years? 
What should be the special qualifications of the auditor? 

Duties Of Treasurer.— The state treasurer has 
the custody and care of the moneys of the state. He 
pays them out on warrant of the state auditor and 
in the order in which they are presented. He keeps 
a full account of all moneys received and disbursed, 
each fund being kept in a separate account, and on 
the last day of each month reports to the state 
auditor. He makes a semi-annual report to the gov- 
ernor, and in "November before the assembling of 
the legislature makes a full report for the two years. 



EXECUTIVE DEPARTMENT. 125 

He turns over all redeemed warrants to the auditor 
and takes his receipt therefor. The treasurer can 
serve for only two consecutive terms. 

Points for Development— How much money did the state 
Treasurer pay out during the last two years? Why does 
he report so often to the auditor and to the governor? 
Why should not the treasurer serve for more than two 
consecutive terms? After serving two terms can he ever 
hold the office again? What should be the special qualifica- 
tions of a state treasurer? What state treasurers have 
served two consecutive terms? 

Duties of Superintendent of Public Instruc- 
tion. — The superintendent of public instruction has 
the general supervision of the schools of the state. 
He prepares and causes to be distributed all blanks 
needed by the schools and school officers of the state. 
He prepares questions for state and county exam- 
inations of teachers, and prescribes rules for con- 
ducting such examinations. He arranges for county 
institutes and advises with the county superintend- 
ents upon all matters pertaining to the welfare of 
the schools. He decides all appeals from decisions 
of county superintendents. He keeps a record of 
all his official acts and files all appeals and papers 
relating to the same in his office. He prepares and 
distributes courses of study for all public and normal 
schools, causes the school law to be printed and dis- 
tributed once in two years, and in December pre- 
ceding the assembling of the legislature shall have 
printed one thousand copies of his biennial report, 
which copies shall be distributed to state and school 
officers. He also has charge of the apportionment of 
the state tuition fund to the various counties. 



126 CIVIL GOVERNMENT. 

Points for Development.— Who was the last territorial 
superintendent of public instruction? Name the superin- 
tendents since the organization of the state. Has any one 
held the office more than one term? Would it be well for 
the superintendent to hold the office for several succes- 
sive terms? Why? Why are school laws distributed so 
often? Get a copy of the last biennial report and discuss 
various parts of it in the class for a few days. How often 
is the tuition fund apportioned? Is the superintendent's 
power to any extent legislative as well as executive? If 
so, in respect to what matters? 

Duties of Attorney General. — The attorney gen- 
eral is the legal adviser of all state officers. He 
prosecutes all actions in behalf of the state and de- 
fends all actions against the state. He advises with 
state's attorneys in matters relating to their office, 
and may attend in any county the trial of any party 
accused of crime, and assist in the prosecution. He 
gives written opinions to the legislature when re- 
quested to do so. He keeps a record of all his official 
opinions. He makes a report to the governor in 
November of each year, in which he gives a detailed 
account of all his official acts, and calls attention to 
any defects in the operation of the laws, and sug- 
gests amendments. 

Points for Development— What should be the special 
qualifications of the attorney general? Can the attorney 
general decide the constitutionality of a law? On what 
points would the legislature be likely to ask his opinion? 

Duties of Commissioner of Insurance.— The 

commissioner of insurance sees that the laws of the 
state respecting insurance companies are faithfully 
executed. He reports to the attorney general any 



EXECUTIVE DEPARTMENT. 127 

violation of law by such companies, keeps a full 
record of his official acts, makes in November of each 
year a detailed report to the governor, which report 
shall contain full information respecting the condi- 
tion of insurance companies doing business in the 
state. 

Points for Development.— Why is it necessary to have a 
strict supervision over insurance companies? What are 
the two general classes of insurance companies that would 
do business in North Dakota? Can any company that de- 
sires, come into the state and do business ? 

Duties of Commissioner of Agriculture and 
Labor. — -It is the duty of the commissioner of agri- 
culture and labor to look after the welfare of the 
agricultural and labor interests of the state. He 
shall encourage and promote immigration, distribute 
literature for the benefit of farming interests, investi- 
gate labor organizations, have charge of all exhibits 
of the products and resources of the state, and 
cooperate w 7 ith any railroad company or wuth any per- 
sons with a view to securing such exhibits. He is 
state statistician, and as such he obtains from the 
officers of the counties of the state statistics show- 
ing indebtedness of all kinds, assessed valuation of 
property, acreage of grains, number of live stock, 
population, and other information pertaining to the 
development of the counties of the state. The com- 
missioner tabulates these statistics, together with 
all statistics relating to labor in the state, and re- 
ports biennially to the legislature. 

Points for Development.— Are the agricultural interests 
or the employed labor interests more important in this 
state? What can the commissioner do to aid labor inter- 



128 CIVIL GOVERNMENT. 

ests? What is the law concerning child labor in shops and 
factories? What is a labor organization? Are they bene- 
ficial or injurious? Why? Secure comparative tables of 
indebtedness of this and other states. W T hat special quali- 
fications should the commissioner have? What are the lat- 
est statistics of your county in regard to agriculture, etc.? 

Duties of Commissioners of Railroads.— It is 

the duty of the commissioners of railroads to see that 
the laws of the state in regard to railroads are en- 
forced. For this purpose they are to visit every 
station in the state as often as practicable, and at 
least once a year visit each county in which there 
is a railroad station. Due notice of the visits are 
given the communities, and opportunity given at 
each station for complaints to be filed with the com- 
missioners. Such complaints are investigated by 
the commissioners, and if they find the law has been 
violated by the railroad corporations, it is the duty 
of the commissioners to compel said corporations to 
make restitution. They bring suit either through 
the attorney-general or through any state's attorney 
in whose county the violation arose. Railroad man- 
agements must furnish convenient transportation 
for the commissioners in the performance of their 
duties. In November of each year they make a re- 
port to the governor, and also make biennial reports 
containing suggestions for amendment or revision of 
railroad laws. 

Points for Development.— Have any complaints from 
your vicinity been recently filed with the commissioners? 
What abuses, if any, by the railroads in your vicinity need 
correcting? Are suits against railroads frequent? Why? 
Why are there three commissioners instead of one? Do 



EXECUTIVE DEPARTMENT. 129 

they have extensive duties to perform in their office? Do 
you know of any railroad law that you think ought to be 
revised? Give your reasons for it. Secure and study a 
copy of the commissioners' report. 

Qualifications of State Officers.— Xo person is 
eligible to the office of governor or lieutenant-gov- 
ernor unless he is a citizen of the United States, a 
qualified elector in the state, has attained the' age of 
thirty years, and has resided in the state five years 
next preceding his election. Other state officers 
must have the same qualifications, except that the 
age is twenty-five, and residence in the state is only 
long enough to make them qualified electors. 

Points for Development. — Given reasons for each of the 
qualifications required in state officers. Why should gov- 
ernor and lieutenant-governor have the extra qualifica- 
tions? Can you mention any other qualifications that state 
officers might well have? Compare the qualifications of 
the governor with those of president. 

Official Bonds* — All state officers, except gov- 
ernor, are required to give official bonds binding 
themselves to the faithful discharge of the duties of 
their office and to render a true account of all 
moneys or property coming into their hands. The 
bonds must have at least two sureties, and that of 
state treasurer at least four. The bond of the treas- 
urer is two hundred fifty thousand dollars; that 
of auditor, twenty thousand; secretary of state and 
railroad commissioners, ten thousand; all other state 
officers, five thousand. Members of the legislature 
and judges of the supreme and district courts are ex- 
empt from official bond. 



130 CIVIL GOVERNMENT, 

Points for Development.— Can you give any reasons why 
the governor should not be required to give bonds? Why 
is the bond of the treasurer so much larger than that of 
any other officer? Why should not members of the leg- 
islature and judges give bonds? 

Salaries of State Officers.— The salary of the 
governor is three thousand dollars a year; of the 
lieutenant-governor, one thousand; all other state 
officers receive two thousand dollars each per year. 

Points for Development.— Compare the salaries of our 
state officers with those of other states. Do you think any 
of the salaries are too small or too large? 

Vacancies. — All vacancies in state offices are 
filled by appointment by the governor, and such ap- 
pointment shall hold until the next general election. 

Points for Development.— Why would it not be better to 
have a special state election to fill vacancies in state of- 
fices? Why should the power be vested in the governor? 

Deputies. — The state auditor, treasurer, superin- 
tendent of public instruction, and secretary of state 
may each appoint a deputy, but shall be responsible 
for the acts of such deputy. The attorney general 
may appoint an assistant, who has the same power 
and authority as the attorney general. 

Points for Development. — What is the difference between 
a deputy and a clerk? Who is the deputy superintendent 
of public instruction? 

Clerks. — Provision has been made by the legisla- 
ture for clerk hire in varying amounts for the differ- 
ent state offices. Clerical appointments are made by 
the several officers, but must be approved by the gov- 
ernor. 

Points for Development.— Do the oflicers or the state pay 
the salaries of the deputies and clerks? Note again the au- 
thority of the governor in clerical appointments. Why is 
it so extensive? 



CHAPTER XXXIV. 



APPOINTIVE OFFICERS. 



Other Officers, Boards, Etc.— Besides the regu- 
lar elective officers of the state, there are many oth- 
ers who are appointed, or, by virtue of their office, 
are members of certain boards. Following is an out- 
line of these offices and the duties of the officers. 

Points for Development.— Why should not all officers be 
elected by the people? What is a board of officers? 

State Examiner.— The state examiner is ap- 
pointed by the governor and holds his office for two 
years. He must be a skilled accountant, and it is 
his duty to examine at least once a year the books 
and accounts of the secretary of state, state treas- 
urer, auditor, clerk of the supreme court, commis- 
sioner of insurance, county auditors, treasurers, and 
other county officers, upon request of the county com- 
missioners. He shall also supervise the accounts of 
all the public institutions of the state and all private 
institutions with which the state has any dealing. 
He shall secure, so far as possible, a uniform system 
of bookkeeping by state and county treasurers and 
auditors. In addition to these duties he shall visit 
once in each year, without previous notice, each of 
the banks, loan and trust companies, etc., of the 

(131) 



132 CIVIL GOVERNMENT. 

state, examine their affairs, and report their finan- 
cial condition to the governor. His salary is two 
thousand dollars a year. 

Points for Development.— Why should the books of the 
state officers be examined? Are banks usually state insti- 
tutions? Why should they be under the supervision of the 
state examiner? If the state examiner is honest and effi- 
cient, is there much opportunity for loss to the people in 
the institutions of the state? Who is the present state ex- 
aminer? 

Oil Inspector. — The oil inspector is appointed by 
the governor for a term of two years. It is his duty 
to inspect all oils brought into the state for illumi- 
nating purposes and to condemn that which is found 
to be unsafe to use. It is a misdemeanor for any 
person to offer for sale oil which has not been in- 
spected. The inspector may appoint deputies to aid 
him, and the remuneration is in the form of fees 
varying from forty cents per barrel downward, ac- 
cording to the number of barrels inspected at one 
time. 

Points for Development.— In what respects is the oil in- 
spectorship an important position? Can you get statistics 
as to the number of barrels of illuminating oil coming into 
the state each year? Who pays for the inspection? Who 
is now inspector? 

Commissioner of University and School 
Lands. — The commissioner is appointed for a term 
of two years by the board of university and school 
lands, and is their official agent. All his official acts 
must be approved by the board. He has the custody 
of all books, maps, etc., pertaining to the public lands 



APPOIXTIYE OFFICERS. 133 

of the state, and keeps a true record of sales, leases, 
etc. He selects lists of land for sale and certifies 
to county auditors what lists have been approved. 
He, or his deputy, attends all sales and leases in the 
various counties. He reports biennially to the leg- 
islature. His salary is two thousand dollars a year. 

Points for Development.— Who is now land commis- 
sioner? Most of the work now done by this commissioner 
was formerly done by the superintendent of public instruc- 
tion. Why was the change made? Should the commis- 
sioner have different qualifications from the superintend- 
ent? Why should his acts be approved by the board? 

Superintendent of Irrigation and Forestry.— 

The superintendent of irrigation and forestry is ap- 
pointed by the governor for a term of two years. 
His duty is to superintend and encourage irrigation 
by artesian wells and otherwise in the arid portions 
of the state, and to promote tree culture everywhere 
in the state. He has also been made fish and game 
commissioner, with power to locate fish hatcheries 
and attend to the stocking of our lakes and rivers 
with fish, and to look after the preservation of the 
game of the state, His salary is one thousand dol- 
lars a year, with five hundred dollars allowed for 
traveling expenses. 

Points for Development — Is irrigation practiced to any 
extent in the state? Discuss the advisability of state ap- 
propriation for irrigation. State some of the benefits to be 
derived from tree culture. What are the objects of increas- 
ing the fish in our lakes and rivers? Who is the present 
commissioner? Study a copy of his report. 



134 CIVIL GOVERNMENT. 

Game Warden. — The game warden is appointed 
by the governor for a term of two years. It is his 
duty to aid in the enforcement of the game laws of 
the state. He appoints one or more deputies in each 
county. The warden and deputies have the power 
of constables, and it is their duty to report all viola- 
tions of the game law to the state's attorney. The 
warden and deputies receive fees and fines. The 
fees are obtained from licenses issued by county 
auditors. No person can hunt without such license. 
A license costs fifty cents when secured by a res- 
ident and twenty-five dollars by a non-resident. The 
warden receives one-third of all these fees and the 
deputies two-thirds. A deputy also receives five dol- 
lars fine collected from each person convicted upon 
his testimony of violating the game law. Any per- 
son has the right to make complaint against another 
for illegal hunting. 

Points for Development.— What is the object of having 
the game of the state protected? Who is the deputy in 
your county? Has the law been generally violated in your 
vicinity? In what months may prairie chickens, ducks, 
and geese be hunted? Can a township prevent hunting 
within its limits? Is it well to have so high a license for 
non-residents? Why should there not be hunting in the 
spring? 

State and District Veterinarians.— The profes- 
sor of veterinary science of the state agricultural 
college is the chief state veterinarian, and in each 
judicial district there is a district veterinarian ap- 
pointed by the governor. It is the duty of these 
officers to investigate all cases of disease among do- 
mestic animals and to take such measures for the 



STATE BOARDS. 135 

suppression of the same as may seem necessary, as 
ordering quarantine, disinfecting, etc., or condemn- 
ing for slaughter certain animals infected with dis- 
eases dangerous to man or beast. 

Points for Development— What is a veterinarian? Who 
is your district veterinarian? What is quarantine? What 
diseases of animals are especially dangerous: If animals 
are killed to prevent the spread of disease, who suffers the 
loss? 



CHAPTER XXXV. 



STATE BOARDS. 



Board of Veterinary Medical Examiners,— The 

state board of veterinary medical examiners con- 
sists of three members appointed by the governor. 
They shall be practicing veterinarians and hold 
diplomas from authorized veterinary schools. Per- 
sons commencing the practice of veterinary science 
in the state must be graduates of a veterinary school 
and pass such examination as the board may re- 
quire. The fee for examination is ten dollars, which 
goes toward defraying the expenses of the board. 

Points for Development.— What is the object of the vet- 
erinary board? Can persons who have practiced for a 
time before the law went into effect continue to practice 
without a diploma from a veterinary school? Why? Is a 
veterinarian responsible for injury he may do to an animal 
through lack of knowledge on his part? 



136 CIVIL GOVERNMENT. 

State Weather Bureau.— The state weather bu- 
reau is for the purpose of collecting weather data 
and crop statistics and disseminating weather fore- 
casts and storm and frost signals. The central sta- 
tion is at the capital, but it has volunteer stations in 
various parts of the state. It acts in conjunction 
with the United States weather bureau, and is under 
the charge of a director designated by the bureau at 
Washington. It issues weekly weather crop bulle- 
tins from April first to October fifteenth, and makes 
an annual report to the governor. 

Points for Development.— How may storm and frost sig- 
nals aid the people of the state? Is there a volunteer 
station near you? Write to the Weather Bureau at Bis- 
marck for such papers as it may have to distribute. What 
is the object of crop bulletins? Learn the different weather 
signals. 

State Historical Commission.— This commission 
consists of the governor, auditor, secretary of state, 
commissioner of agriculture, William H. Moorhead, 
and the president of the North Dakota Historical 
Society. Its duty is to collect and preserve records 
and relics of the early history and settlement of the 
state. It shall provide a room at the capitol for 
the safe keeping of collections. 

Points for Development— Why is William H. Moorhead 
named as a member of the historical commission? Who is 
the president of the state historical society? Why is it com- 
paratively easy at present to collect records and relics of 
our early history? Where was the first settlement in the 
state? 



STATE BOARDS. 137 

Board of Trustees of Public Property.— This 

board consists of the governor, secretary of state, 
and auditor, who have charge of the capitol, execu- 
tive mansion, and the park and public grounds, and 
at the opening of each legislative session they re- 
port to the assembly an estimate of the cost for the 
next two years for repairs, fuel, and all incidental ex- 
penses connected with the same. 

Points for Development.— What is the executive man- 
sion? Find from reports the cost of care of the public 
property for two years. 

Board of Agriculture.— The state board of agri- 
culture consists of one member from each judicial 
district of the state, and these are appointed by the 
governor for terms of two years. Under the direction 
of this board state fairs are to be held near Grand 
Forks on a tract of land set apart for that purpose. 
These fairs, or exhibits, are supposed to be held an- 
nually, at which may be exhibited not only agricul- 
tural products, but also the products of stock-breed- 
ing, horticultural, mining, mechanical, industrial, 
educational, and other pursuits of the state. 

Points for Development.— Who is the member of the 
board of agriculture from your district? Has a state fair 
been held each year recently? What is the value of agri- 
cultural fairs? Outline a suitable educational exhibit for a 
state fair. Ought an agricultural fair in this state to be 
especially successful? Why? 

High School Board.— This board consists of the 
governor, superintendent of public instruction, and 
president of the state university. Under the direc- 
tion of this board public graded schools in any dis- 

10 



138 CIVIL GOVERNMENT. 

tricts of the state may become classed as state high 
schools, provided that they admit students from any 
part of the state, have regular and orderly courses of 
study, as prescribed by the board, and shall be 
deemed worthy of such classification after an exam- 
ination by the board. The board shall cause each 
accredited school to be visited at least once a year, 
which visit may be by one or more members of the 
board, or by some competent person appointed by the 
board. Members of the board receive no compensa- 
tion. In connection with the establishment of this 
board, it is hoped that aid towards the support of 
high schools will be obtained from the state. 

Points for Development.— Have the high schools of the 
state yet been classified? What would be the advantages 
of high school classification and aid? What schools of 
your county would be likely at present to come under the 
classification? Read the full article and discuss its various 
provisions. 

Board of University and School Lands.— This 

board consists of the governor, secretary of state, 
auditor, attorney general, and superintendent of pub- 
lic instruction, of which the governor is president, 
the secretary of state is vice president, and the super- 
intendent of public instruction is secretary. They 
have full control of selecting, appraising, renting, 
selling, and managing the school and public lands of 
the state, and the investment of the permanent 
school fund. They have the power to appoint a com- 
missioner of university and school lands, who shall 
be the official agent of said board. The board meets 
at the office of the commissioner on the last Thurs- 
day of each month. This is beyond question the 



STATE BOARDS, 139 

most important board in the state, as the future 
welfare of the schools of the state, and therefore the 
state itself, depends upon the wisdom and discretion 
of this board. 

Points for Development. — What are the school lands of 
the state? How were they obtained? If the board by 
some inisjudgnient should invest and lose any of the 
permanent school fund, who would be the losers? Is any 
of the permanent school fund invested in bonds of your 
school district? Why is the board especially well consti- 
tuted for its purpose? 

Board of Canvassers..— The state board of can- 
vassers consists of secretary of state, auditor, treas- 
urer, attorney general, and superintendent of public 
instruction. Members who are candidates are dis 
qualified, and the governor appoints other state 
officers to fill their places. Their duty is to meet on 
the second Tuesday of December in years of election 
to canvass the state returns. 

Points for Development.— What is meant by canvass of 
returns? Does the state board canvass the returns of dis- 
trict judges? Why does it not meet sooner after election? 
From what source does it receive the returns to be can- 
vassed? 

Board of Auditors.— The secretary of state, audi- 
tor, and attorney general constitute the state board 
of auditors, whose duty it is to examine and audit 
the accounts of the state treasurer at least twice a 
year, and without previous notice to the treasurer. 
They shall also designate certain banks of the state 
wherein the state moneys shall be deposited, a selec- 
tion of banks to be made after duly advertising and 
receiving proposals. Such proposals shall state se- 



140 CIVIL GOVERNMENT. 

curity offered and rate of interest to be given, not 
less than three nor more than four per cent. When 
the money has been deposited the treasurer is ex- 
empt from any loss that may accrue to such funds 
while under control of the banks. 

Points for Development.-— Why are the treasurer's ac- 
counts so frequently and carefully inspected? Why does 
the board examine the treasurer's books without previous 
notice? Why is the state money kept in banks? How much 
does the interest on the state money amount to in a year? 

Board of Health.— The state board of health 
consists of the attorney general, who is president, a 
vice president appointed by the governor, and a su- 
perintendent of public health, who is the secretary 
of the board, and is also appointed by the governor. 
The superintendent must be a legally licensed physi- 
cian of the state. The board meets at least twice a 
year, and has the power to make and enforce rules 
and regulations to prevent the spread of any con- 
tagious, infectious, or malarial disease among per- 
sons or domestic animals, to establish quarantine, to 
kill affected animals, to cause the removal of sub- 
stances that endanger health, to condemn impure 
food offered for sale, and to superintend the boards 
of health of cities, villages, townships, and counties. 
The county, and other minor boards of health, have 
about the same duties to perform as the state board. 
They have, in times of danger from diseases, almost 
absolute authority. 

Points for Development. — Who is the superintendent of 
public health in the state? Why are people in general care- 
less about the spread of diseases? What diseases are usu- 
ally quarantined? Has the board authority to destroy pri- 
vate property for the public good? 



STATE BOARDS. 141 

Board of Medical Examiners.— The board of 
medical examiners is appointed by the governor for 
terms of three years, and consists of eight practicing 
physicians and one lawyer. Two of the board shall 
be homeopathic physicians. They hold meetings for 
examinations on the first Tuesdays of January, 
April, July, and October of each year. No person 
can practice medicine in the state until he has 
passed an examination before and been granted a 
license by this board, and any violation of this con- 
dition is a misdemeanor. The fee for examination 
is twenty dollars, which is used in defraying the ex- 
penses of the board. The board may revoke the 
license of any physician for dishonorable or immoral 
conduct, or for habitual drunkenness, or for violating 
the laws of practice. All licenses for practicing 
must be filed with the register of deeds of the county 
in which the holder of the license resides. 

Points fer Development.— Why should one member of 
the board of medical examiners be a lawyer? Why do not 
homeopathic physicians have an equal representation on 
the board? Give reasons in full for the necessity of a 
board of medical examiners? Why should not a drunkard 
be allowed to practice medicine? If a surgeon fails to set 
a broken bone properly, is he liable for damages? Why? 
If a wheelwright fails to mend a broken carriage properly, 
is he liable? Why? Why is a physician's license filed with 
the register of deeds? 

Board of Pharmacy.— The board of pharmacy 
consists of three members appointed for terms of 
three years by the governor and upon the recom- 
mendation of the North Dakota Pharmaceutical As- 
sociation. The board shall hold two or more meet- 



142 CIVIL GOVERNMENT. 

ings each year for examination of applicants for cer- 
tificates as pharmacists, or druggists, as more com- 
monly termed. A person who is over eighteen years 
of age and has had two years of experience in assist- 
ing in the compounding of prescriptions, shall, upon 
passing a satisfactory examination, receive a cer- 
tificate as registered assistant. If he is a graduate 
of a college of pharmacy, or has been engaged for 
four years in the preparation of physicians' prescrip- 
tions, he is, upon satisfactory examination, entitled 
to a certificate of registered pharmacist. Applicants 
for pharmacists' certificates pay five dollars, and for 
assistants' certificates, one dollar, said fees to be 
used in defraying expenses of the board. 

Points for Development.— What is a pharmaceutical as- 
sociation? Why the necessity for a certificate to become a 
druggist? Why can not a person fill a physician's prescrip- 
tion without a license? 

Board of Dental Examiners.— This board con- 
sists of five members appointed by the governor for 
terms of five years. They hold regular meetings at 
least twice a year. No person can practice dentistry 
in the state until he has a license from the board. 
No person shall be granted a license unless he has 
practiced for three years or studied dentistry under 
a regularly practicing dentist for the same time. A 
person holding a diploma from a reputable dental 
college may be granted a license without examina- 
tion, at the discretion of the board. The fee for ex- 
amination is ten dollars, with an additional fee of 
five dollars for a license, which fees are used in pay- 
ment of expenses of the board. 



PUBLIC INSTITUTIONS. 143 

Points for Development— Why is the law in regard to 
practicing dentists not so rigid as in regard to practicing 
physicians? Is a dentist liable for damage, if he breaks a 
jaw while extracting a tooth? Why? 

Board of Equalization.— This board consists of 
the governor, auditor, attorney general, commis- 
sioner of agriculture, and treasurer. They meet in 
August of each year and examine the various county 
assessments, reducing assessments which they think 
are too high and increasing those which they think 
are too low. They also decide upon the rate of state 
tax to be levied. They can not reduce the aggregate 
valuation of the property of the state as returned 
by the county auditors. 

Points for Development.— Why is a state board of equali- 
zation necessary? On what would they base their judg- 
ment as to the valuation of land in the different counties? 
Has the board recently made any material change in the 
valuation of your county? 



CHAPTER XXXVI. 



PUBLIC INSTITUTIONS. 



Location and Endowment,— The public institu- 
tions of the state were located by the constitutional 
convention. They are scattered over the state, al- 
most every part of the state being the location of a 
public institution. Xot all of them have yet been 
opened, and it has been found difficult to support 
as they should be those that are opened. The ques- 



144 CIVIL GOVERNMENT. 

tion often arises as to whether it would not have 
been better to have left the locating of the public 
institutions to the legislature. Many think that 
they would then have been located only as fast as 
they were needed or could be supported. On the 
other hand, many think it was better for the con- 
vention to settle these things and not leave them 
as a continuous source of strife for every legisla- 
ture. It is claimed that the details of legislation 
will be better attended to when many of the greater 
questions are settled by the constitution. The en- 
abling act grants 500,000 acres of land for the 
use of the various educational and charitable in- 
stitutions. It designates the distribution of all but 
170,000 acres of this, which amount the constitu- 
tion has distributed. Following is a detailed ac- 
count of the various public institutions. 

Points for Development.— Learn what you can about the 
contention in the constitutional convention over the loca- 
tion of public institutions^ Did your county get one of 
the institutions? If so, what is the particular reason why 
it should have been so located? Would it be better to con- 
centrate the institutions? Why? Why were some of the 
institutions left without financial support from the state 
during the years of 1895 and 1896? From what source is 
this public land grant? How much of this 500,000 acres 
has been selected from your county? Has it all been se- 
lected yet? Who selects it? 

The Capital. — The capital, or seat of government, 
is located at Bismarck, in Burleigh county. The 
enabling act sets apart 50,000 acres of land for pub- 
lic buildings for the same. The supervision of these 
buildings has been discussed in a preceding section. 



PUBLIC INSTITUTIONS. 145 

Points for Development.— Is the capital located near the 
center of the state? Near the center of population? If you 
think it is not located in the right place, give reasons for 
its location at some other place. What has been the cost 
of the present capitol and grounds? Is the capitol com- 
plete as planned? 

State University and School of Mines. —This 

institution is located at the city of Grand Forks, in 
Grand Forks county, and 80,000 acres of land are 
set apart to aid in its maintenance. Its further sup- 
port is from state appropriation. The department 
of mines has not yet been opened, but a normal de- 
partment has been added to the regular university 
course. The government of the university is vested 
in a board of trustees, consisting of five members 
appointed by the governor for terms of four years. 
The duty of this board is to see that the university 
accomplishes the object for which it was estab- 
lished, namely, the higher education of the young 
men and women of the state. They elect the pres- 
ident, professors, and teachers, fix the salaries of the 
same, prescribe courses of study and qualifications 
for admission, provide for the care of the buildings, 
etc. The university is free to students of both sexes 
who have been residents of the state for the year 
next preceding their admission. 

Points for Development.— Is the state university prop- 
erly located? Could any other institutions have been con- 
veniently located with it? What ones? How much ap- 
propriation is needed each year for the support of the 
university? Is a school of mines now needed in this state? 
Why? Who is the president of the university? What is 
his salary? 



146 CIVIL GOVERNMENT. 

Agricultural College. — The agricultural college 
is located at Fargo, in Cass county, and has a grant 
of 40,000 acres of land. The government is vested 
in a board of trustees consisting of seven members 
appointed by the governor. Their powers and 
duties are similar to those of the trustees of the 
university. The course of study must contain, be- 
sides subjects which give a general education, those 
branches which pertain to practical agriculture. 
Students of both sexes, residents of the state, are 
admitted free, and may labor a part of the time on 
the farm or about the buildings connected with the 
college, and receive compensation for such work. 
In connection with the college is a national ex- 
periment station. Therefore the support of the 
agricultural college is partially by national and 
partially by state appropriation. 

Points for Development— What other schools, if any, 
might well have been combined with the agricultural col- 
lege? What is the purpose of this institution? Who is the 
present president? What would be the special training of 
the females who attended the college? What is the object 
and value of the experiment station? How much is the 
annual national appropriation for the college? 

Normal Schools. — Normal schools are located at 
Valley City, in Barnes county, and at Mayville, in 
Traill county, the former with a grant of 50,000 
acres, the latter with 30,000 acres. Each school 
has a board of management consisting of five mem- 
bers appointed by the governor for terms of four 
years These two boards, together with the gov- 
ernor and superintendent of public instruction, con- 



PUBLIC INSTITUTIONS. 147 

stitute the board of trustees for the normal schools. 
The board of trustees elect a principal and teachers 
for each school, and fix the salaries of the same; 
also prescribe a course of study, which course of 
study must be such as will tend to fit teachers for 
their work in the public schools. The boards of 
management recommend principals and teachers for 
their respective schools, have general management 
of their respective buildings, fix the salaries of em- 
ployes who are not teachers, and perform such 
other duties as are not delegated to the board of 
trustees. Tuition is free to all students resident in 
the state, and the schools are supported by state ap- 
propriation and income from their land grants. 

Points for Development.—- Why did the normal schools 
receive different amounts of land? Are two normal schools 
now needed in the state? Why? Are the two schools well 
located? Why? Who are the present principals of the two 
schools? Get catalogues from the two schools and discuss 
the course of study. How much was the last appropria- 
tion for each of the schools? 

Deaf and Dumb Asylum.— The asylum for the 
deaf and dumb is at the city of Devils Lake, in Ram- 
sey county, and has a land grant of 40,000 acres. 
Its board of trustees consists of five members ap- 
pointed by the governor for terms of four years. 
This board has powers the same as in other public 
schools of the state. The principal of the school 
must be skilled in the sign language and all the 
methods in yse in educating the deaf, and he, as well 
as the matron, must reside at the institution. 
Every deaf child in the state between the ages of 



148 CIVIL GOVERNMENT. 

seven and twenty-one shall be sent to the school 
for the deaf for at least eight months of each school 
year, and it is the duty of each county auditor each 
year to report to the principal of said school the 
names of all such deaf persons residing in his 
county. Tuition and board are free to pupils res- 
ident in the state, but clothing and transportation 
are to be paid for by parents or guardians, or, in 
case of indigency, by the county. 

Points for Development. — Would the deaf and dumb asy- 
lum be classed as an educational or charitable institution? 
Is there any reason why "School for the Deaf" would be 
any better title for it? Why is it compulsory for the deaf 
to attend this school? Are there any deaf children from 
your county in the school? 

Reform School. — The state reform school is lo- 
cated at Mandan, in Morton county, and has a land 
grant of 40,000 acres. Its board of trustees con- 
sists of five members, appointed by the governor for 
terms of four years. It is their duty to inspect the 
buildings and grounds, and to make general rules 
for the government of the same. The trustees ap- 
point a superintendent and matron of the school, 
and the superintendent, with the approval of the 
board, appoints all other employes. Any person 
under the age of eighteen years who has been con- 
victed in a district court of a crime or public offense 
other than murder, may, at the discretion of the 
judge, be committed to the reform school for the 
remainder of his minority; or any child against 
whom complaint is brought by parent or guardian, 
if the judge finds, upon investigation, that the com- 



PUBLIC INSTITUTIONS. 149 

plaint is warranted, may be committed in the same 
manner. Children committed to the reform school 
are to receive regular instruction in common school 
branches. The trustees have the power to dis- 
charge any inmate after one year's detention as a 
reward for good conduct and diligence in study. 
The school at Mandan has not yet been opened, but 
all committed persons are for the present confined 
in the reform school at Plankinton, South Dakota. 

Points for Development—Is the reform school an edu- 
cational, charitable, or penal institution? What is the ob- 
ject of sending minors to the reform school rather than to 
the penitentiary? Should those nearly eighteen years of 
age who are especially depraved be committed to the re- 
form school? Why? What is the prospect for the opening 
of the school at Mandan? Who will determine it? What 
is the yearly cost to our state of the children now at Plank- 
inton? 

Hospital for the Insane.— The state hospital for 
the insane and institution for the feeble-minded is 
located at Jamestown, in Stutsman county, and the 
constitution has endowed it with 20,000 acres of 
the public land grant. The board of trustees is 
constituted as in previously mentioned institu- 
tions. The board has general care of the buildings, 
grounds, finances, and government of the institu- 
tion. They appoint a superintendent, also assistant 
physicians, steward, and matron. The superintend- 
ent has the appointing of all other employes. No 
insane person of the state is admitted to the hos- 
pital except upon application from a county board 
of commissioners of insanity. All patients who are 



150 CIVIL GOVERNMENT. 

residents of the state are entitled to board and treat- 
ment free of charge. The superintendent must be 
a physician of acknowledged skill and ability, and 
his salary is twenty-five hundred dollars a year. 

Points for Development— Under what class of institu- 
tions does the hospital for the insane come? Why are the 
feeble-minded confined under the same care as the insane? 
Refer to the official ballot of 1896, note the proposed amend- 
ment to the constitution, and give something of its his- 
tory. How does the number of inmates of our asylum 
correspond with that of other states? How many in the 
asylum from your county? Who is the present superintend- 
ent? Study the report last issued. 

Soldiers' Home.— The soldiers' home is located 
at Lisbon, in Ransom county, and is endowed by the 
constitution with 40,000 acres of land. The board 
of trustees consists of five members, appointed by 
the governor. The chairman of the board shall be 
the commander of the state G. A. R., unless he shall 
be considered incompetent, and shall be appointed 
for one year, and the other members shall be ap- 
pointed for two, three, four, and five years, re- 
spectively. No person can be a member of such 
board unless he has served in the army or navy of 
the United States. The board has the power to ap- 
point a commandant of the home at a salary not to 
exceed twelve hundred dollars per year, which com- 
mandant shall have been in the military or naval 
service of the United States. The commandant, 
with the consent of the trustees, appoints other em- 
ployes. The home is free to all honorably dis- 
charged soldiers, sailors, and marines who have 



PUBLIC INSTITUTIONS. 1 5 1 

served in the army or navy of the United States, and 
who are from any cause unable to provide suitably 
for themselves; the home is also open to the wives 
and widows of soldiers. 

Points for Development.— Why should special provisions 
be made for indigent soldiers? Why are all the trustees 
members of the G. A. R.? How many persons are there 
now at the home? Give reasons why it might be expected 
that the nation rather than the state should provide for the 
soldiers. Are there national homes, and if so, where lo- 
cated? 

Blind Asylum,— The blind asylum was located 
in Pembina county by the constitution, but at such 
place as the electors of that county might determine, 
and 30,000 acres of the public land grant were as- 
signed to it. Bathgate w T as selected by the electors 
as the location. The trustees are determined as in 
the greater part of the state institutions. The 
board has power, as soon as the legislature sees fit 
to make appropriation for the same, to erect build- 
ings, appoint superintendent, and other officers, and 
provide for the instruction and care of the blind. 

Points for Development.— To what class of institutions 
does the blind asylum belong? Give a history of the locat- 
ing of the asylum at Bathgate. Is it yet open? Give rea- 
sons for and against the opening of such an asylum in a 
new state. 

Industrial School. — The industrial school and 
school of manual training is located at Ellendale, in 
Dickey county, and is endowed with 40,000 acres of 
land. The board of trustees consists of three mem- 
bers, appointed for terms of two years. Ellendale 



152 CIVIL GOVERNMENT. 

must donate to the state a site of not less than forty 
acres, and a fund of twenty-five thousand dollars 
must have accumulated before steps can be taken to 
erect buildings for the school. 

Points for Development.— What is the object of the in- 
dustrial school? From what sources would a fund accumu- 
late? Would it have been well to combine this school with 
some other school of the state? 

School of Forestry.— The school of forestry is 
located by the constitution at such a place in one 
of the counties of McHenry, Ward, Bottineau, or 
Kolette, as the electors of those counties may de- 
termine. There is no land grant for the same, and 
the electors have thus far failed to decide upon the 
permanent location of the school. 

Points for Development— What would be the work of 
the school of forestry? How could it be made valuable to 
North Dakota? Give a history of what has been done to- 
ward locating it in one of the named counties. 

Scientific School. — The scientific school, or, as 
the legislature has denominated it, the North Da- 
kota Academy of Science, is located at Wahpeton, in 
Richland county, with a land grant of 40,000 acres. 
The board of trustees consists of five members, three 
of them appointed by the governor, the other two 
being the state treasurer and the superintendent of 
public instruction. Their powers are similar to 
those of other educational institutions of the state. 
No building has yet been erected and the school is 
not yet opened. 

Points for Development. — Discuss the necessity for this 
school, also its location. Have any steps yet been taken 
toward opening the school? 



PUBLIC IXSTITUTIOXS. 153 

Penitentiary.— The constitution fails to make 
any provision for the location of the state peniten- 
tiary, but the legislature has since confirmed its 
location at Bismarck, where it had been established 
during the territorial government The board of 
trustees is constituted in the same way as in case 
of the reform school, and has similar duties. The 
chief officer at the penitentiary is warden, who is 
appointed by the trustees, and who in turn appoints 
all other officers, to be approved by the trustees. 
He receives a salary fixed by the trustees, but not 
to exceed two thousand dollars per year. The war- 
den makes all rules and regulations for the govern- 
ment of the officers and inmates, also subject to the 
approval of the trustees. All persons convicted of 
crime in any county of the state and sentenced by 
the judge to be confined in the penitentiary are 
conveyed to the penitentiary by the sheriff of said 
county and placed in charge of the warden thereof. 
Inmates are usually kept at work about the build- 
ings, on the farm, or in the shops, where various 
manufactures are carried on. For good behavior a 
prisoner may shorten the duration of his sentence. 
For the first month's good behavior, two days are 
deducted: for the second month's, four days; and 
for each month's thereafter, six days. When pris- 
oners are discharged they are furnished with a de- 
cent suit of clothing and with transportation to the 
place where they received sentence. 

Points for Development— Should a penitentiary be an 
institution for punishing" or for reforming? Is the peni- 
tentiary for punishing criminals or protecting the people? 
For what two objects are work shops established in con- 



154 CIVIL GOVERNMENT. 

nection with penitentiaries? Discuss the question of al- 
lowing convict labor to compete with ordinary labor. 
Should convicts be let out on contract to work outside the 
penitentiary? Why? How many convicts at present at 
the penitentiary? Do most prisoners shorten the duration 
of their sentence? How does that rule affect a life con- 
vict? What would be the shortest possible term of im- 
prisonment of a convict sentenced to ten years' confine- 
ment? 



CHAPTER XXXVII. 



ELECTIONS. 



Elective Franchise.— By the elective franchise 
is meant the right to vote upon questions pertain- 
ing to the political organizations known as nation, 
state, county, etc. Not all persons have this right, 
but those that do are called electors. 

Points for Development.— How is the elective franchise 
considered by all liberty-loving people? Under what dif- 
ferent political organizations are you living at present? 

Electors. — Every male person of the age of 
twenty-one years or more, who has resided in the 
state one year, in the county six months, and in the 
precinct ninety days next preceding any election, is 
a qualified elector; but with this provision : He must 
be a citizen of the United States, or have declared 
his intention to become a citizen, one year and not 
more than six years prior to the date of voting; or 
is a civilized Indian, who has severed his tribal re- 



ELECTIONS. 155 

lations at least two years before voting. In all 
school questions, women with the same qualifica- 
tions as above, are electors, and are eligible to any 
school office. 

Points for Development,— Why is the right to vote lim- 
ited to males? To persons over twenty-one? Give reasons 
for the three conditions of residence. Why are not Indians 
in tribes allowed to vote? Why are women permitted to 
vote on school questions rather than other questions? Dis- 
cuss the question of universal suffrage. Should there be a 
property qualification for voting? Why? Should there be 
an educational qualification? Why? Should there be other 
qualifications? 

Citizens. — A citizen is a person born in the 
United States and who has not renounced his alle- 
giance, or one who has become naturalized accord- 
ing to the laws of the United States. When a man 
becomes naturalized, his wife and also his children 
under age are naturalized. All persons not citizens 
are called aliens. 

Points for Development.— What proportion of the elect- 
ors of the state are natural born citizens? What two coun- 
tries have furnished to North Dakota the largest number 
of naturalized citizens? Is the comparative number of nat- 
ural bora citizens larger in the towns or in the country of 
this state? How is it in the eastern states? 

Elections.— All elections shall be by secret bal- 
lot, so that no man knows how^ another votes. The 
election of state officers is held in the various voting 
precincts in the townships, villages, and cities of 
the state. County elections are held at the same 
time, and sometimes also other elections. The 



156 CIVIL GOVERNMENT. 

county commissioners divide the county into voting 
precincts, each precinct to contain not more than 
three hundred electors, making precincts, so far as 
possible, conform to townships, and in villages and 
cities to wards. 

Points for Development.— discuss fully the advantages 
of secret ballot. What besides state and county elections 
were held in your county at the last general election? 
Why should all the votes for the same officer be cast on the 
same day? 

Election Officers. — The board of election in each 
precinct consists of an inspector and two judges. 
In organized townships the chairman of the board 
of supervisors is the inspector; in cities the senior 
alderman in each ward; in villages the president of 
the board of trustees; in unorganized townships the 
county commissioners appoint the inspector. Be- 
fore the polls are opened the inspector shall appoint 
two judges, who are qualified electors in the pre- 
cinct and who are members of different political 
parties and of the parties which cast the highest 
number of votes at the last general election. No 
near relative of a candidate can serve as a member 
of the board of election, nor can any one who has 
staked any wager on the result of the election. The 
board of election appoint two poll clerks, who must 
have the same qualifications as enumerated above 
for judges. The board have control of the ballots 
and ballot boxes and general oversight of the elec- 
tion, and it is their duty to challenge the vote of any 
that they believe not to be qualified electors. Each 
clerk keeps a separate list of the names of those 
voting. 



ELECT IOXS. 157 

Points for Development— Why should the judges and 
clerks be from different political parties? Why are rela- 
tives excluded from the board? Is betting on election law- 
ful? Explain what is meant by challenging a vote. Has 
any elector the right to challenge the vote of any person? 

Election Supplies. — The election supplies consist 
of ballot boxes, ballots, official stamps, poll books, 
and printed instructions. These are prepared un- 
der the direction of the auditor of each county and 
delivered to the inspectors of the various precincts, 
usually by the sheriff, at the expense of the county. 
Ballots are delivered in sealed packages duly 
marked on the outside. 

Points for Development.— Why is it just as well for each 
county to bear its own expense for election supplies as for 
the state as a whole to bear it? Can any one lawfully se- 
cure an official ballot before the day of election? 

The Ballot.— The ballot shall be of white paper, 
and printed in black ink. At the head of the ballot 
is printed the name of every political party repre- 
sented on the ballot. The names of the candidates 
are arranged in columns, those of the party casting 
the highest number of votes in the state for con- 
gressman at the last general election in the first 
column, of the party casting the second highest in 
the second column, etc., but no party can be repre- 
sented that did not cast at least one-fifth of all the 
votes cast at the la-st election. Under the name of 
each candidate is a space left for a name to be writ- 
ten in, if any voter desires. At the left of each 
name and each space there is a circle. The pres- 



J 58 * CIVIL GOVERNMENT. 

idential electors head the list of candidates, if it is 
a presidential year, the state officers next, and under 
these the county officers, and municipal officers, if 
there be any. 

Points for Development.— What party will be repre- 
sented in the left hand column at the next election? What 
other parties can have representation? Study a copy of the 
ballot of the last election. Will any party which was not 
represented on the last ballot be represented on the next? 
What besides the names of the regular party nominees are 
found on the last ballot? 

Nominations for Office.— Nominations for office 
are made by conventions of political parties. Nom- 
inations of state officers are usually made as fol- 
lows: The state central committee of a political 
party decide upon a time and place of holding the 
state convention, and apportion to each county a 
certain number of delegates, corresponding to the 
number of votes cast for the party in such county at 
the last general election. The county central com- 
mittees being duly notified, call a county convention 
at a certain place and date, and apportion to each 
election precinct in the county a number of dele- 
gates corresponding to previous party vote, and 
notify the party committee of each precinct. The 
precinct proceeds to elect its allotted number of 
delegates; these delegates assemble in county con- 
vention and elect the allotted number of delegates 
to the state convention, and these delegates in turn 
assemble and nominate the party candidates for 
state offices. County officers are nominated in a 
similar manner, by delegates sent by the various 
voting precincts of the county. 



ELECTIONS. 159 

Points for Development.— W ho are the chairmen of the 
state central committees? Of your county committees V 
How many delegates was your county entitled to at the 
state convention of each party before the last election? 
The votes of which officer are usually taken as the basis? 
Hold a state convention and nominate all state officers. 
Does it take a majority or plurality to nominate for office? 
Discuss the importance of the primary political meetings, 
or caucuses as they are called. 

Certificates of Nomination.— Certificates of nom- 
ination are filed with the secretary of state, and 
must contain the name of each person nominated, 
his postoffice address, the office for which he is 
named, and must be signed by the presiding officer 
and secretary of the nominating convention. Cer- 
tificates for county officers are filed with the county 
auditor. Certificates of nominations not by conyen- 
tion may also be filed, but such certificates must 
haye the signatures of at least three hundred elect- 
ors for any state office, and, in case of a county office, 
at least one-tenth as many signatures as yotes cast 
in the county for congressman at the last election. 

Points for Development.— Why so much care needed in 
certificates of nomination? Under what circumstances are 
certificates by petition justifiable? Why should not any 
one who desires it be permitted to have his name placed 
on the ticket? Some states require a fee for all names 
on the ticket. What are its advantages aud disadvantages? 
How many signers must a petition have in your county 
to secure a place on the ticket? 

Notice of Election.— Notice of election shall be 
published in the official paper of each county for 
four consecutive weeks next preceding election. 

Points for Development — Road the last election notice. 
What is the object of these notices? 



160 CIVIL GOVERNMENT. 

Conduct of Elections.— At all elections held un- 
der the general election law the polls open at eight 
o'clock a. m. and close at five o'clock p. in. The 
judges inspect the ballot box, then lock it. The 
ballots are produced and the seal publicly broken. 
Each ballot, before being given to an elector, must 
be stamped on the back with the words, "official 
ballot," and must have the written initials of the 
member of the election board giving the ballot. The 
elector enters a booth or compartment alone and 
there places a cross in the circle before the name of 
each person for whom he desires to vote. He may 
write a name in a blank space and place a cross be- 
fore it. If he spoils a ballot he may return it and 
receive another, not to exceed three in all. If he is 
not capable of marking his ballot, from inability to 
read or physical disability, two of the election offi- 
cers of different political parties may assist him. 
When the ballot is marked, it must be folded so as to 
conceal its face and disclose the official stamp. It is 
handed to a judge, who deposits it in the ballot box. 
Separate boxes and ballots are supplied for women. 

Points for Development.— Why is the seal of the ballots 
publicly broken? What is the object of stamping and 
marking the back of the ballot? If a cross be placed be- 
fore two names of candidates for the same office, would 
either be counted? If a voter should sign his name to a 
ballot would any part of the ballot be counted? What 
would be on the ballots prepared for women? Study the 
marking of the ballot carefully; thousands of ballots are 
now marked wrong at every general election. 

Canvass of Returns.— As soon as the polls are 
closed the election board proceed to canvass the 
vote. The poll books are inspected to see that they 



ELECTIONS. 161 

agree, the ballots are counted, and if found to exceed 
the poll list, ballots shall be selected from them at 
random and destroyed. They shall then proceed to 
count the votes for each name, and continue with- 
out adjournment until all are counted. As soon as 
the vote is all canvassed they shall make a public 
announcement of the same. They make two writ- 
ten statements of the results, one of which, together 
with a poll book, they send sealed to the county 
auditor; the other, together with the other poll 
book and ballots locked in the box, is delivered to 
the clerk of the township, village, or city. The key 
to the box is also sent to the auditor. The county 
commissioners and auditor, within fifteen days after 
election, shall meet and canvass the returns from 
the various precincts. As soon as the canvass has 
been completed the auditor shall issue certificates 
of election to all county officers, and send an ab- 
stract of votes for state officers to the secretary 
of state. The state board of canvassers meet on the 
second Tuesday of December and canvass the state 
returns. 

Points for Development.— in what should the poll books 
agree? An excess of ballots might indicate what? Why 
should the board not adjourn until all the votes are counted? 
Why is the key sent to the auditor? Does the county can- 
vassing board have a right to recount the ballots, or must 
they take the result of the canvass of each precinct board? 
If any defeated candidate doubts the legality of the vot- 
ing or counting, what can he do? Before whom would he 
bring his case? 

Restrictions.— The judges are forbidden to de- 
posit in the ballot box a ballot that does not have 
the official stamp. This is to prevent the use of bab 



162 CIVIL GOVERNMENT. 

lots that might have been marked before the elector 
entered the polling place. No electioneering or 
soliciting of votes is allowed on election day within 
the polling place or within fifty feet of the building 
in which the election is held. No person shall show 7 
his ballot, after it has been marked, to any person 
so as to reveal the markings. No person shall vote 
any other ballot than that given him by the judges, 
nor shall he place on it his name or any other mark 
by which it might be distinguished from other bal- 
lots. No civil process can be served on an elector 
on election day ; the electors can not be arrested on 
that day except for crime or public offense, other- 
wise persons might be detained from voting through 
the plotting of politicians. 

Points for Development.— What objection to marking 
ballots before entering the polling place? Why is election- 
eering prohibited about the polls? Note the many safe- 
guards thrown around the whole Australian system in or- 
der to secure an absoutely secret and uninfluenced ballot. 

Registration. — Cities and villages of one thou- 
sand or more inhabitants shall make a registration 
of voters. The board of registration consists of the 
inspectors of the various precincts, together with 
judges appointed according to the city or village 
ordinance. These boards meet two weeks before 
election and make an alphabetical list of all per- 
sons that they believe to be qualified electors in 
their several precincts. On Tuesday, one week be- 
fore election, they shall meet at the usual polling 
places, and remain in session from eight in the 
morning until eight at night. The lists are open to 



REVENUE AND TAXATION. 163 

public inspection. Any elector whose name is not 
registered can have his name registered by proving 
to the board that he is an elector. Names of per- 
sons proved to the satisfaction of the board not to be 
electors must be erased. On the day of election 
only those registered can vote, unless it be under 
oath and on the sworn statement of a householder 
and a registered voter of the precinct. 

Points for Development.— What is the general object of 
registration? Give reasons for and against extending it 
to all voting precincts. What is the penalty for illegal vot- 
ing? From what classes of people does illegal voting 
usually come? Are the country or the town precincts 
likely to have the greater amount of illegal voting? Why? 
Which are usually guarded more closely by party leaders? 



CHAPTER XXXVIII. 



REVENUE AXD TAXATION. 



Support of the State.— The revenues for the 
support of state, county, and municipal corporations 
are obtained for the greater part from taxation. 
Some of the support comes from fines, etc. The 
schools and public institutions are supported to 
some extent by the income from the public land 
grants. 

Points for Development — in whatever way taxes are 
paid, from whom do they finally come? Why are taxes in 
a republic just? Why do people so often find fault because 
of their taxes? Does the lessening of taxes lie with those 
who pay them? 



164 CIVIL GOVERNMENT. 

Kinds of Taxes. —Taxes are of two kinds, poll 
taxes and property taxes. A poll tax is a tax paid 
by male citizens regardless of the amount of prop- 
erty they may own. A property tax is a tax upon 
property, and is divided into two classes, real estate 
tax and personal property tax. 

Points for Development.— Origin of the word poll as re- 
lated to taxes. Distinguish between real estate and per- 
sonal property. Which are houses? Cattle? Fences? How 
many school polls in the state? 

Poll Tax. — A school poll tax of one dollar is as- 
sessed against every male elector in each county. 
A road poll tax of one dollar and fifty cents is as- 
sessed against every male person between the ages 
of twenty-one and fifty years. 

Points for Development— discuss the justness of a poll 
tax. Why is it right for a person without children to be 
taxed for schools? Why is fifty years the limit for road 
poll tax? 

Property Tax. — The state may levy a tax for 
state purposes upon all taxable property in the state, 
not to exceed four mills on the dollar valuation. 
The rate of levy is determined by the state board 
of equalization, and certified to the county auditors, 
who extend it; and its collection is made in the same 
manner as county taxes. In addition to the four 
mills, one mill on the dollar may be added to pay 
interest on the state debt. Property on which 
taxes have not been paid is advertised and sold at 
auction for the payment of such taxes. 

Points for Development.— How much taxable property of 
each kind in the state? What would be the annual revenue 
on this if the full amount were levied? Give reasons for 



REVENUE AND TAXATION, 165 

and against the taxation of real estate only. How may 
property be redeemed after it has been sold for taxes? 
How does the assessed valuation of the state compare with 
its real value? 

Exemptions. — Certain exemptions from taxation 
are made, of which, the following are the most im- 
portant: Property of the United States, state, 
county, or municipal corporation, when for public 
use; agricultural fair grounds, cemeteries, grounds 
and buildings for educational, benevolent, and re- 
ligious purposes, and all property belonging to the 
same; grounds, buildings, and apparatus of fire com- 
panies and military organizations; polls and estates 
of persons who, through age or infirmity, are un- 
able to pay; all United States pensions; and house- 
hold furniture to the amount of twenty-five dollars. 

Points for Development.— Give reasons for each of the 
exemptions. The exemption on household goods was for- 
merly two hundred dollars. Why was it changed to twen- 
ty-live dollars? Discuss the question of exempting manu- 
factories from taxation to induce them to locate in any 
place. 

Public Debt. — In order to meet some unlooked- 
for failure in the revenue, or in case of extraordi- 
nary emergency, the state may contract debts, but 
never to exceed two hundred thousand dollars. This 
amount does not include the debt of the state at the 
time of the adoption of the constitution. Such 
debts can only be authorized by law for some 
definite purposes, and the law must provide for a 
tax that will meet the interest, and also the prin- 



166 CIVIL GOVERNMENT. 

cipal within thirty years. To provide funds for re- 
pelling invasion or suppressing insurrection, or to 
defend the state in time of war, there is no debt 
limit. 

Points for Development.— Is there any agitation now 
about increasing the debt limit? What are some reasons 
for and against increasing it? Give reasons for and against 
the increase or decrease of the limit as the valuation in- 
creased or decreased. Do states usually free themselves 
from debt? What is the justness of continuing a debt to 
the next generation? What is repudiation? Can a state 
repudiate its debt? Why is there no debt limit in case of 
great danger to the state? 

State Credit. — Funds are not always available 
for the payment of warrants as they are issued; 
therefore, to protect the credit of the state, the 
treasurer, with the consent of the governor and 
auditor, is authorized to pay such warrants, if money 
can be obtained at a rate not to exceed eight per 
cent. But such warrants are not to exceed eighty 
thousand dollars. 

Points for Development. — What are some of the objects 
of retaining the state's credit? Why are not funds always 
available, if appropriations have been made for them? 



CHAPTER XXXIX. 



EDUCATION AND MILITIA. 



Education. — The constitution makes it manda- 
tory upon the state to provide for the establishment 
and maintenance of a system of public schools, open 
to all children of the state and free from sectarian 



EDUCATION AXD MILITIA, 167 

control, and this can not be revoked by amending 
the state constitution, but only by receiving the con- 
sent of the United States. The state is also re- 
quired to take steps to prevent illiteracy, to secure 
a reasonable degree of uniformity in course of study, 
and to have and retain exclusive control of all col- 
leges, universities, and other educational institu- 
tions supported by public lands or public tax. The 
legislature has accordingly made laws covering 
these points, and has established a system of free 
public schools, beginning with the primary and ex- 
tending through all the grades, including the nor- 
mal and collegiate courses. The legislature has 
power to make provision for the sale of school lands 
when they shall become worth at least ten dollars 
per acre, and much of the land has already been 
sold, and the permanent interest-bearing school 
fund of the state is already large. 

Points for Development.— Discuss the necessity for such 
a strong provision in regard to education. What are the 
advantages of having the higher schools under state rather 
than denominational control? What special steps are nec- 
essary to prevent illiteracy? From what portion of the 
state has most of the school land been sold? Why has it 
not been sold in other portions? How much is the perma- 
nent school fund at present? In what is most of this in- 
vested? Compare the amount of money spent on schools 
in North Dakota with that of other states. 

Militia. — The term militia is sometimes used to 
mean any body of soldiers, but in its legal meaning 
it has a different application. The militia of the 
state are all able-bodied male citizens between the 
ages of eighteen and fortv-five. The assessors each 



168 CIVIL GOVERNMENT. 

year, when making assessments, make lists of all 
persons liable to military duty and transmit these 
lists to the secretary of state. This is called the en- 
rollment of the militia. 

Points for Development.— How many does the militia of 
the state number? Discuss the reasons for the limits of 
age. Who are exempt from military duty? In some coun- 
tries every able-bodied young man must receive a certain 
amount of military training. Discuss its necessity in this 
country. 

Militia; Organized and Unorganized,— The 

militia of the state is divided into two classes, the or- 
ganized and unorganized. The former is called the 
North Dakota National Guard, and consists of one 
regiment of infantry and the departments neces- 
sary to its maintenance, and may have one battalion 
of artillery and one or more troops of cavalry. The 
regiment is divided into companies, not to exceed 
ten, but only one company is to be organized in a 
county. Any person of proper age may enlist in 
the Guard for a term of three years, and he is then 
under special military duty and must conform to 
certain military laws. The number in each com- 
pany, battery, or troop is not to exceed forty privates 
and the officers attached to each. This number 
may be increased by the commander-in-chief in 
times of emergency. All persons of proper qualifi- 
cations, not members of the Guard, are the unorgan- 
ized militia of the state. 

Points for Development. — How many members of the or- 
ganized militia of the state? Define infantry, cavalry, ar- 
tillery. What is the state encampment? What would the 
guard of this state be likely ever to be called out for? 
Name the officers of the guard by rank. 



IMPEACHMENT, PROHIBITION, AMENDMENTS. 169 

Militia; How Called Into Service.— The anor- 
ganized militia is subject to active military duty 
only in case of war, invasion, or to prevent invasion, 
riot, or insurrection. In any of these cases the gov- 
ernor, who is commander-in-chief of the military 
forces of the state, has the authority to call out as 
many of the militia as he may deem necessary. The 
militia while in active service are governed by the 
military law^ of the state and the rules of war of the 
United States. The organized militia, or Guard, is 
the first to be called to active duty. 

Points for Development.— Have the militia of this state 
ever been called out? Name some of the differences be- 
tween military law and civil law. 



CHAPTER XL. 



IMPEACHMENT, PROHIBITION, AMENDMENTS. 



Impeachment. — A person is said to be impeached 
when he is accused of some offense. Only state offi- 
cers, including judges of the supreme and district 
courts, can be legally impeached in this state. Other 
officers may be accused, tried, and removed from 
office, but the process is not called impeachment. 
An officer may be impeached for drunkenness, 
crime, corrupt conduct, or malfeasance or misde- 
meanor in office. No impeachment can be made ex- 
cept by the house of representatives, and the house 
can not bring its complaint except by a majority 



170 CIVIL GOVERNMENT. 

vote of the members elected. The complaint, or im- 
peachment, is brought before the senate, which body 
sits as a court of trial in all impeachment cases. If 
the governor or lieutenant-governor is on trial, the 
chief justice of the supreme court presides over the 
senate. The prosecution is conducted by five or 
more managers, selected by the house, the presiding 
officer of the senate acts as judge, and the whole 
senate sits as a jury. To convict there must be a 
concurrence of two-thirds of the senators elected. 
A conviction removes the impeached officer from 
office, and may disqualify him from holding any 
office of trust in the state- 
Points for Development.— Have there been any cases of 
impeachment in this state? Why should not the lieutenant- 
governor preside in the senate while the governor is being 
tried? Why so large a majority necessary to convict? 
Why should impeachment of district judges come before 
the state legislature? 

Prohibition.— The constitutional convention ear- 
nestly discussed the question of inserting in the con- 
stitution a clause prohibiting the manufacture and 
sale of intoxicating liquors in the state. Many 
thought that such a clause might endanger the 
adoption of the whole constitution. It was there- 
fore decided to submit the prohibitory clause as a 
separate article, to be incorporated in the constitu- 
tion, if adopted. It was adopted, and is therefore a 
part of our constitutional law. The article is very 
concise, simply stating that no person or corpora- 
tion shall within the state maunfacture, import, sell, 
or keep for sale, gift, barter or trade, any intox- 



Impeachment, prohibition, amendments. 171 

icating liquor as a beverage. It also enjoins the 
legislature to prescribe regulations for the enforce- 
ment of the same. This the legislature has done 
by placing a penalty for the first offense of not less 
than two hundred dollars fine and not less than 
ninety days in the county jail, and for the second 
offense, imprisonment in the penitentiary for not 
less than a year. 

Points for Development —Mention some other states that 
have constitutional prohibition. What are some of the 
arguments of those who oppose prohibition? What efforts 
have been made to render the law inoperative? Discuss 
the enforcement of the law in general throughout the state. 

Amendments. — The constitution, even though 
when made it was fitted to the needs of the state, 
might be found inadequate to the changed circum- 
stances of the state in the future; therefore provi- 
sion was made for its amendment. Before a pro- 
posed amendment becomes a part of the constitution 
it must undergo three ordeals. It must first be 
agreed to by a majority of the members of each 
house of the legislature; it must next be agreed to 
in the same way by the next legislative assembly; 
and it is lastly submitted to a vote of the people. 
If a majority of the votes cast are in favor of it, it 
becomes a part of the constitution. Only one 
amendment has yet been adopted, and that is one 
forbidding the legislature to authorize lotteries or 
gift enterprises, and enjoining the legislature to 
pass laws to prohibit the sale of lottery or gift en- 
terprise tickets. 



172 CIVIL GOVERNMENT. 

Points for Development.— Compare the method of amend- 
ing our constitution with that of the United States and 
with some other states. Why so many difficulties in 
amending a constitution? Why did the lottery amendment 
happen to come up so soon? Did the amendment meet 
with much opposition? Are there any other proposed 
amendments to the constitution receiving attention now? 
Discuss the proposition voted upon by the people in 1896 
as to a new constitutional convention. 



PART II. 

NATIONAL GOVERNMENT. 



SECTION I. 

Origin of the Government. 

CHAPTER XLI. 

EARLY COLONIAL DEVELOPMENTS. 



Introductory.— The government of the United 
States has not been the growth of merely a century, 
but has been germinating in the minds of the liberty- 
loving, English-speaking people for more than a 
thousand years. The history of England has been 
one almost continuous assertion of the rights of the 
people to have a voice in their own government. 
The murmurings, uprisings, rebellions, and the revo- 
lution of our colonial history were the outward dem- 
onstrations of that same God-given principle of love 
of freedom. Although many nations had a part in 
the colonizing projects of America, and several na- 
tions gained strong foothold within the present 
limits of the United States, yet only one has fixed 

(173) 



174 CIVIL GOVERNMENT. 

its stamp indelibly on our nation's government. 
Prior to the revolution and the birth of the present 
nation, all of the thirteen colonies had become 
English, not only in government, but also in speech 
and thought. It is therefore from this basis of 
English origin that we must study the development 
of our national government to its present form. 

Early Evidences of the Self- Governing Spirit. 

— Almost as soon as a colony was permanently es- 
tablished the struggle for self-government began. 
The Jamestown colony endured the evils of re- 
pressive government from across the sea for less 
than twelve years from its founding, and then, in 
1G18, was granted the "Great Charter," which gave 
the people a voice in making their own laws. Ed- 
ward Eggleston says: "This was the beginning of 
free government in America. * * * The gov- 
ernment of the United States by a president, a sen- 
ate, and a house of representatives shows that the 
ideas put into the Great Charter have left their 
mark on the constitution of our country." 

The Mayflower Compact.— Only two years after 
the granting of the Great Charter, that liberty-seek- 
ing band of Pilgrims, even before taking possession 
of the land of their new home at Plymouth, made 
that solemn compact in the cabin of the Mayflower, 
that remarkable agreement which will be handed 
down among the few precious state papers of a free 
people. In that compact is the germ of the consti- 
tution of a great nation. It says : "We 

do, by these presents, solemnly and mutually, in the 



EARLY COLONIAL DEVELOPMENTS. 175 

presence of God, and one another, covenant and 
combine ourselves together into a civil body politic, 
for our better ordering and preservation and further- 
ance of the ends aforesaid; and by virtue hereof, to 
enact, constitute, and frame such just and equal 
laws, ordinances, acts., constitutions and offices, 
from time to time, as shall be thought most meet 
and convenient for the general good of the colony." 

The Connecticut Constitution.— Another land- 
mark in the early history of government-making in 
America is what is sometimes called the Connecticut 
constitution and sometimes the Hartford constitu- 
tion. It was framed in 1639 at Hartford by the in- 
habitants of the towns of Hartford, Wethersfield, 
and Windsor. It is the first w r ritten American con- 
stitution. The historian, Montgomery, says of it: 
"One remarkable fact about that compact is that it 
made no mention either of the king of England or 
the English company w^hich held a royal grant of the 
Connecticut lands. It was in reality the constitu- 
tion of a republic; and the men w T ho framed it re- 
fused to bow to any authority outside or above 
themselves, except that of their Maker." 

The "Grand Model."— The illustrious philoso- 
pher, John Locke's, constitution for the government 
of the Carolinas deserves mention among other noted 
constitutions of our early colonial history. The 
Grand Model, as it w^as called, laid out a grand do- 
main in the then western wilds, placing over it a 
nobility who held all the pow T er and regulated all 
the acts of the inhabitants, but made no provision 



176 CIVIL GOVERNMENT. 

for the common people to have a voice in their own 
government. This proved to be a fatal omission, 
and the great plan failed, as all have which do not 
recognize in the English people the sovereign power. 

The "Great Law."— In 1682 William Penn gave 
to his people for their government the "Great Law," 
which inculcated the two great principles of liberty 
and obedience; for, as Penn himself says: "Liberty 
without obedience is confusion, and obedience with- 
out liberty is slavery." Under this constitution 
Pennsylvania became the refuge for the oppressed. 



CHAPTER XLII. 



LATER COLONIAL DEVELOPMENTS. 



The Albany Plan. — In accordance with a recom- 
mendation from the English government, a conven- 
tion of representatives from several of the colonies 
was held at Albany in 1754 for the purpose of form- 
ing a plan for a closer union and better defense of 
the colonies. A plan was proposed by the conven- 
tion which, before going into operation, was to be 
ratified by the English government and by each 
colony. Macy says of it: "The English government 
rejected the plan, because it gave too much pow r er 
to the proposed colonial government; and the colo- 
nies rejected it because it gave too much power to 
England." This indicates that the spirit of self- 
government was developing. 



LATER COLONIAL DEVELOPMENTS. 177 

The Declaration of Rights.— The colonies dur- 
ing their first fifty or sixty years made their own 
laws to a great extent. This they continued to do 
to some extent even to the time of the revolution, 
but at times England would interfere with these 
sacred rights. These interferences became more 
frequent as the colonies came to be w r orth the notice 
of the English government. The colonists more or 
less patiently endured repressions until the passage 
of the famous stamp act in 1765. Then representa- 
tives from nine of the colonies met in Xew York 
and prepared a formal "Declaration of Rights." In 
this declaration they still affirm their allegiance to 
the crown of Great Britain, but claim inherent rights 
as subjects of that kingdom. They declare their 
right not to be taxed without representation, to have 
trial by jury, and especially do they protest against 
the "stamp act." The declaration is mild in its 
utterances, but the undercurrent of firmness in it 
indicates that this is the beginning of the end of 
British oppression. 

The First Continental Congress.— The first 
Continental Congress met in Philadelphia in 1774. 
Its purpose was to consider what course it was best 
for the colonies to pursue. The work of the con- 
gress was similar to that of the convention of 1765. 
They formulated another Declaration of Bights, in 
which they demanded the right to levy all taxes 
and make all laws in their own assemblies. They 
continued their professions of allegiance to the king, 
but the general spirit of the congress was not con- 
ciliatory. It was another step toward a government 
of their own. 



178 CIVIL GOVERNMENT. 

The Second Continental Congress.— The sec- 
ond Continental Congress met in Philadelphia, May 
10, 1775, and continued to be the directing power of 
the united colonies until near the close of the revo- 
lution and adoption of the Articles of Confederation 
in 1781. At first it continued with the same profes- 
sions of allegiance to the king as the two preceding 
conventions, but proceeded to raise an army to de- 
fend the colonies, an evidence of confidence in itself 
as a governing power. 



CHAPTER XLIII. 



BIRTH OF THE NATION. 



The Declaration of Independence.— In the sec- 
ond Continental Congress, in June, 1776, Richard 
Henry Lee of Virginia offered the following resolu- 
tion: "Resolved, That these United Colonies are, 
and of right ought to be, free and independent 
states." Thomas Jefferson, John Adams, Benjamin 
Franklin, Roger Sherman, and Robert R. Livingston 
were appointed a committee to draft a declaration 
based on this resolution. They performed their 
task faithfully and presented to congress a draft, 
which, after mature consideration and slight amend- 
ments, was adopted by that body on the Fourth of 
July, 1776. This was the birth of our nation, and 
the study of our nation's government properly begins 
with this date. Before this the people and the gov- 



BIRTH OF THE NATION. 179 

eminent professed allegiance to England's king; 
now all professions of allegiance were thrown off 
and the new nation assumed its place among the 
nations of the earth. 

Analysis of the Declaration.— The Declaration 
of Independence is worthy of the critical study of 
every student of civil government. It was written 
almost wholly by that great statesman, the immortal 
Jefferson. Its preamble reads thus: "When, in 
the course of human events, it becomes necessary for 
one people to dissolve the political bands which have 
connected them with another, and to assume, among 
the powers of the earth, the separate and equal sta- 
tion to which the law of nature and of nature's God 
entitles them, a decent respect to the opinions of 
mankind requires that they should declare the 
causes which impel them to the separation." It 
boldly states the fundamental principles of free gov- 
ernment, "that all men are created equal" and "are 
endowed by their Creator with certain inalienable 
rights," among which "are life, liberty, and the pur- 
suit of happiness." It further submits "to a candid 
world" some of the reasons for such a declaration, 
holding the king of England responsible for the 
movement, and closes with these words: "And for 
the support of this declaration, with a firm reliance 
on the protection of Divine Providence, we mutually 
pledge to each other our lives, our fortunes, and our 
sacred honor." 

The Confederation.— Closely following the Dec- 
laration of Independence came the formation of a 
union of the colonies under a government of their 



180 CIVIL GOVERNMENT. 

own. The Continental Congress, after a little over 
a year's deliberation, adopted, on Nov. 15, 1777, the 
Articles of Confederation. These were to go into 
operation when ratified by all the states; but as the 
last state did not consent to them until March, 1781, 
our country had no other law than that of the con- 
gress until that time. A government without funda- 
mental law and w T ith only the will of a congress to 
control it from day to day must necessarily be a 
weak government; and so ours proved during the 
revolutionary period. The war was prolonged much 
longer than it would have been under a strong cen- 
tral government. 

The Articles of Confederation.— The govern- 
ment under these articles was not much better than 
it had been under the Continental Congress, but still 
it had fundamental law, and was a step toward the 
strong government that was to come. The people 
of the colonies had realized the evils of a strong cen- 
tral government through the tyranny of the English 
king; therefore very little power was given to the 
general government, but most of it retained for the 
individual states. Only one branch of government 
was recognized, and that was the legislative. This 
legislative body could not execute its laws, but made 
them in the form of recommendations to the states. 
It had only one house, to which members were 
elected for only one year. It had power to deter- 
mine all matters pertaining to war and peace, to 
decide disputes between states, to fix the standards 
of weights and measures, to determine the fineness 
of coins, to have control of postoffices, to appropriate 



BIRTH OF THE NATION. 181 

and to borrow money. But without power to carry 
out these provisions the nation soon became hope- 
lessly weak, all kinds of business were stagnant, and 
the people were suffering from a depression not nat- 
ural to so fruitful a country. What should be done? 

Ordinance of 1787.— The congress of the confed- 
eration in July of 1787 passed the celebrated and 
important ordinance for the government of the 
Northwest Territory. By this ordinance slavery 
was never to exist north of the Ohio River. This 
was the beginning of that series of debates and com- 
promises on the slave question which finally ter- 
minated in the emancipation proclamation and the 
last three amendments to the constitution. Many 
historians believe that this ordinance had more in- 
fluence on the slave question and did more towards 
their final emancipation than any other act of a 
legislative body. Our territory then extended only 
to the Mississippi. Florida was not ours, and our 
government was in its weakest and most critical 
period ; yet that ordinance almost effectually divided 
the territory then held and afterwards acquired into 
free and slave states. It was the crowning demand 
for freedom of the people of the new world, and its 
spirit was fully recognized and accepted almost 
ninety years later. This ordinance also guaranteed 
religious toleration and made provision for future 
aid to free schools by setting aside section 16 of 
each township for school purposes. 



CHAPTER XLIV. 



THE CONSTITUTION. 



The Constitutional Convention.— The cause of 
the continued and increasing depression following 
the Revolution was soon found to have its founda- 
tion in the form of the government itself. Although 
the articles of confederation did not become effect- 
ive until 1781, yet as early as 1785 some of the states 
passed resolutions or took action condemning the 
government under these articles. It was not be- 
cause the states had been deprived of too much 
power, but because so much had been left to them 
individually that they were continually wrangling 
among themselves, and the nation was without re- 
spect at home and abroad. In 1786, at the invitation 
of the legislature of Virginia, delegates from five of 
the states met at Annapolis to discuss the subject of 
the trade of the United States. This convention 
recommended that delegates from all the states 
meet in Philadelphia in May of the next year to con- 
sider the situation of the United States. Congress, 
in the following February, passed a resolution rec- 
ommending that such a convention be held for the 
purpose of revising the articles of confederation. 
In accordance with this recommendation, delegates 
from all the states, except Rhode Island, met in 
Philadelphia, May 14, 1787, and formed an organiza- 
tion on May 25. with George Washington as presi- 
dent. 

(182) 



THE CONSTITUTION. 183 

Adoption of the Constitution.— The fifty-five 

members of the convention spent nearly four months 
in discussing the various articles for a new consti- 
tution; for it became apparent from the first that 
the old constitution could not be so revised as to 
make it suited to the needs of our country. At last, 
after many compromises, the constitution, under 
which we as a nation have wrought so prosperously 
for over a hundred years, was on Sept. 15, 1787, ac- 
cepted by the convention, and two days later was 
signed by thirty-nine of the members. The constitu- 
tion provided that as soon as it should be ratified 
by the people of nine states, it should become the 
constitution of the states so ratifying it. In July, 
1788, New Hampshire, the ninth state, sent its ratifi- 
cation, and the constitution then became binding 
upon these states. However, the constitution did 
not go into operation until March 4, 1789. The other 
four states finally adopted its provisions, North 
Carolina and Rhode Island being the last, not com- 
ing into the Union until about a year after the or- 
ganization of the new government. 

Superiority of the Constitution.— The consti- 
tution is superior to the articles of confederation in 
that it gives power to the central government. The 
national government can now command where be- 
fore it could only recommend. It has the three de- 
partments of government, and therefore can execute 
and interpret its own laws instead of leaving those 
important functions to the varying moods of the 
several states. The constitution was made for the 



184 CIVIL GOVERNMENT. 

development of a nation while at peace as well as 
for the protection of the same while at war. The 
articles of confederation were made in time of war, 
and looked more to the exigencies of the time than 
to the needs of the future. The constitution is the 
fundamental law of a nation of people, while the ar- 
ticles of confederation comprised not much more 
than a compact or agreement entered into by the 
different states. The difference between the two 
will be brought out more fully in the discussion of 
the constitution which is to follow. 

Signers of the Constitution.— Before entering 
on a detailed study of the constitution if is well to 
know who were the men who gave to us this re- 
markable document. Eleven years before, the Dec- 
laration of Independence had been signed by such 
men as John Hancock, Samuel Adams, John Adams, 
Elbridge Gerry, Eoger Sherman, Robert Morris, 
Benjamin Franklin, Richard Henry Lee, Thomas Jef- 
ferson, Francis Lightfoot Lee, and forty-six others, 
most of whom were renowned leaders during the 
revolutionary period and the early years of the na- 
tion. Of the fifty-six who signed the Declaration 
of Independence only six signed the constitution, 
namely: Roger Sherman, Benjamin Franklin, Rob- 
ert Morris, George Clymer, James Wilson, and 
George Read. But others were there whose ability 
would make any country illustrious. There were 
Alexander Hamilton, William Livingston, Gouv- 
erneur Morris, James Madison, John Rutledge, the 
Pinckneys, and George Washington, president of the 



THE COXSTITUTION. 185 

convention. Each of these names is familiar to every 
student of American history, and is worthy of the 
critical and reverential study of every student of 
civil government. Especially illustrious is the name 
of James Madison in connection with the framing 
of the constitution, and afterwards in securing its 
adoption. 



SECTION II. 

Analysis of the Constitution. 



CHAPTER XLV. 



INTRODUCTORY. 



Preamble.— "We, the people of the United States, in or- 
der to form a more perfect union, establish justice, insure 
domestic tranquillity, provide for the common defense, 
promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and estab- 
lish this constitution for the United States of America.' , 

Source of Power. — In the preamble to the con- 
stitution there are several points to be considered. 
The first is the source of power which is expressed 
by the term people. The constitution recognizes in 
its first line that the people are and must be the real 
governing power in a republic. The vital weakness 
of the articles of confederation was that the people 
were not recognized, but the confederacy was to be 
a "union between the states * * * a firm league 
of friendship with each other." The government 
under the constitution is not a league between the 
states, but is a government of itself of w T hich each 
state is a subordinate part. 

(186) 



INTRODUCTORY, 187 

More Perfect Union. — During the few years 
that the United States tried the government of the 
"union between the states" discord increased. Each 
state became jealous of its neighbor. The state 
then had sovereign power and no such union could 
be abiding. Therefore the next object after declar- 
ing the people sovereign was to provide for a more 
perfect union of the states, one in which all would 
have equal rights, with a power outside of them- 
selves to determine those rights. 

Justice, — In the colonial days trial at home was 
often denied the colonists, and they were taken be- 
fore the courts of England. Under the confedera- 
tion there w r as no judicial department in the gen- 
eral government and no power to regulate the courts 
of the several states. Therefore laws were often 
made by the states that were unjust to citizens of 
neighboring states, and courts of justice were every- 
where coming into disrepute. Hence the necessity 
to establish justice. 

Domestic Tranquillity. — The states were con- 
tinually quarreling with one another. Boundaries 
were constantly under dispute, taxes were not suita- 
bly equalized, and as a result the spirit of rebellion 
was almost everywhere rife. There must be some 
authority to quell rebellion, to dispel its causes, and 
to secure domestic tranquillity. 

Common Defense. —The states being sovereign 
might refuse to aid in the common defense. Only 
a strong central government can prosecute a war 
successfully. The Revolution was successsful only 



188 CIVIL GOVERNMENT. 

because the colonies gave up their power to con- 
gress. Now the states had individual interests, and 
these interests were likely to deter them from com- 
ing to the support of the nation in time of war. 

General Welfare. — The prime object in the call 
for a convention to revise the articles of confedera- 
tion was to promote the general welfare. . This pro- 
vision has been broadly interpreted and made to 
cover a multitude of transactions that have been 
beneficial to the nation. 

Blessings of Liberty,— The blessings of liberty 
obtained by eight years of war and bloodshed were 
fast slipping away because of the weakness of the 
general government. Something must be done to 
secure this priceless boon for themselves and their 
posterity. The articles of confederation were in- 
adequate for it, but the constitution has accom- 
plished all that its makers hoped. 



CHAPTER XLVI. 



THE LEGISLATIVE DEPARTMENT. 



Article I, Section 1. — "All legislative powers herein 
granted shall be vested in a congress of the United States, 
which shall consist of a senate and house of representa- 
tives." 

Congress. — Under the confederation there was 
only one body of lawmakers, and in this each state, 
whether large or small, had the same voting power, 
each state having one vote. In the constitutional 



THE LEGISLATIVE DEPARTMENT. 1 89 

convention the small states desired to continue this 
arrangement, while the large states desired repre- 
sentation according to population. Some desired 
congress still to represent the states, while others 
desired it to represent the people. All desired the 
welfare of the nation and a compromise prevailed. 
Two houses were decided upon, the senate repre- 
senting the states and with equal representation 
from each, and the house of representatives repre- 
senting the people and with representation accord- 
ing to population. The plan follows to some extent 
that of the British parliament, and in turn is fol- 
lowed in some degree by every state in the Union. 
Congress has, besides its general meaning of the 
legislative body of the United States, a special mean- 
ing. In its special sense a congress is the two years 
for which representatives are elected, and begins 
and expires on the fourth of March in odd numbered 
years. The first congress was from 1789 to 1791. 
The representatives and senators elected in 1896 
and the early part of 1897 will be members of the 
congress that begins the fourth of March, 1897, and 
will be the fifty-fifth congress. 

Article I, Section 2. (1) "The house of representatives 
shall be composed of members chosen every second year by 
the people of the several states, and the electors in each 
state shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature." 

House of Representatives. — Two years is the 
length of term of members of the house, and was the 
result of another compromise. Members before had 
been elected annually, and some thought that the 
states could keep better control of the legislators 



190 CIVIL GOVERNMENT. 

if the term was only one year. Others thought that 
several years were necessary to any man in order 
that he might become familiar with the methods of 
legislation. The state makes it own rules as to the 
method of electing the representatives, provided 
that all voters for members of the lower branch of 
the legislature are permitted to vote for representa- 
tives to congress. In most states the state is di- 
vided into sections of nearly equal population and 
corresponding in number to the number of repre- 
sentatives to which the state is entitled, and each 
section elects its own representative. In some 
states some of the representatives are elected at 
large. 

(2) "No person shall be a representative who shall not 
have attained the age of twenty-rive years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that state in which he 
shall be chosen." 

Qualifications of Representatives.— The consti 
tution requires members of the house of representa- 
tives to have been voters four years before they are 
intrusted to make laws for those who elect them. 
Also a twelve years' residence in the United States, 
five years to become a citizen, and seven afterwards, 
is required before a person is supposed to be familiar 
with the needs of the country. He must be an in- 
habitant of the state, but not necessarily of the dis- 
trict in which he is elected. The states may deter- 
mine this for themselves. 

(3) "Representatives and direct taxes shall be apportioned 
among the several states which may be included within 
this Union, according to their respective numbers, which 



THE LEGISLATIVE DEPARTMENT. 191 

shall be determined by adding to the whole number of 
free persons, including those bound to service for a num- 
ber of years, and excluding Indians not taxed, three-fifths 
of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the con- 
gress of the United States, and within every subsequent 
term of ten years, in such manner as they shall by law 
direct. The number of representatives shall not exceed one 
for every thirty thousand, but each state shall have at 
least one representative; and until such enumeration shall 
be made, the State of New Hampshire shall be entitled to 
choose three, Massachusetts eight, Rhode Island and Provi- 
dence Plantations one, Connecticut five, New York six, 
New Jersey four, Pennsylvania eight, Delaware one, Mary- 
land six, Virginia ten, North Carolina five, South Carolina 
five, and Georgia three." 

Representation and Taxation.— The Revolution 
was the result of taxation without representation; 
therefore in forming the people's house of congress 
the two were inseparably combined. Both shall be 
apportioned in proportion to the population. Direct 
taxes have not often been levied in the United States 
for national purposes, but when they have each state 
has paid its just proportion, not according to valua- 
tion, but population. 

Population ; How Determined.— At present it is 
easy enough to determine the ratio of apportionment 
for each state, simply by taking the census of all 
persons except Indians not taxed; but w T hen the con- 
stitution was made there were many slaves in some 
of the states, and the delegates from those states 
contended that they should be counted as well as 
women and children in determining the representa- 



192 CIVIL GOVERNMENT. 

tion. Delegates from states without slaves con- 
tended that slaves were property and should not be 
counted. The usual compromise came in, and three- 
fifths of the slaves were counted in determining both 
representation and taxation. So few direct taxes 
have been levied that the result of the compromise 
was largely to the advantage of the slave-holding 
states. The expression "bound to service" has little 
or no meaning now, as the old custom of "binding 
out" apprentices has become nearly obsolete. 

Number of Representatives. —Every state is 
entitled to at least one representative and as many 
more as its population warrants. In order that the 
house might not become too large the lower limit 
of one representative for thirty thousand inhabit- 
ants was decided upon. Congress has the power to 
increase the ratio of representation and has done 
so after every census since 1810. It will be noted 
that the first house consisted of sixty-five members, 
but in 1793 it was increased to one hundred five, and 
in 1803, to one hundred forty-one, which was based 
on a ratio of one representative to about thirty-three 
thousand population. Since that time the ratio of 
population has been increased every ten years until 
in 1893 it became one representative for 173,901. 
The number of representatives has also been 
increased every ten years, except in 1843, when the 
number was decreased from two hundred forty to 
two hundred twenty-three ; in 1893 the number had 
reached three hundred fifty-six, 



THE LEGISLATIVE DEPARTMENT. 193 

(4) "When vacancies happen in the representation from 
any state, the executive authority thereof shall issue writs 
of election to fill such vacancies." 

Vacancies; How Filled. — Vacancies in nearly 
all offices of the nation, as well as the state, are 
usually filled by appointment, but representatives, 
both in state and nation, form an exception to this 
rule. When a vacancy occurs, the governor calls a 
special election, at which election a representative 
is elected to fill the unexpired term. 

(5) "The house of representatives shall choose their 
speaker and other officers; and shall have the sole power 
of impeachment." 

Speaker of the House.— The speaker of the 
house, elected at the beginning of the first session 
of each congress, is a very important officer, proba- 
bly third in rank and second in power to the presi- 
dent. The house makes its own rules, but the 
speaker is always granted the privilege of appoint- 
ing all the committees, and as much legislation is 
manipulated by the committees, herein his pow r er is 
great. He is a member of the house, is usually of 
the party having the majority in that body, and en- 
deavors to influence legislation along the lines of the 
party electing him. 

Other Officers. — The other officers of the house 
are clerk, sergeant-at-arms, doorkeeper, postmaster, 
and chaplain. The duties of the clerk are to keep 
a record of all the proceedings. The sergeant-at- 
arms preserves order under the direction of the 
speaker. The doorkeeper has charge of the assem* 



194 CIVIL GOVERNMENT. 

bly room, the postmaster has charge of the mail de- 
partment of the house, and the chaplain offers the 
prayer with which each day's session is begun. 
These officers are not members of the house. 

Impeachment.— The subject of impeachment has 
been fully discussed under that head in a former 
chapter on state government. It is the same in the 
nation, the lower house, or the people's representa- 
tives, having the sole power to bring accusation 
against an officer high in power. 

Article I, Section 3. (1) "The senate of the United 
States shall be composed of two senators from each state, 
chosen by the legislature thereof, for six years, and each 
senator shall have one vote." 

Number of Senators. — As has already been 
stated, the number of senators from each state was 
the result of a compromise, a yielding to the smaller 
states and to the principle of state representation. 

Method of Choosing Senators.— Allowing the 
state legislatures to elect senators was another con- 
cession to the principle of state representation. It 
was also thought that by this method men might be 
selected under different influences than the repre- 
sentatives, and would thus be a check upon harm- 
ful legislation by the other body. Both of these rea- 
sons for the method of election have lost the greater 
part of their force. The constitution does not pro- 
vide for the method of procedure in electing a sen- 
ator, but congress in 1866 made such provision. On 
the second Tuesday after the organization of the 
legislature, each house votes separately by a viva 



THE LEGISLATIVE DEPARTMENT, 195 

voce vote and records the result. At twelve o'clock 
on the next day the two houses meet in joint session, 
the result of the vote of the day before in each house 
is read, and if any one person has received a ma- 
jority of all the votes in each house, he is declared 
elected. If not, the joint assembly proceed to vote, 
and must take at least one vote each day until some 
one receives a majority of all votes. 

Term of Office of Senators.— The senate being 
a more select body than the house, would acquire 
more dignity if given a longer term of office. It was 
also thought that greater care might be observed in 
selecting senators if their term was to be longer. 
A long term would surely give freedom and inde- 
pendence of action and would avoid a change of 
policy for every whim of public opinion. A country 
is better under some poor laws than under too many 
and too frequent changes of laws. Therefore the 
term of office of senators was made six years to 
offset any evils that might arise from a change of 
the lower house every two years. 

Vote of Senators. — Under the articles of con- 
federation each state had only one vote. The mem- 
bers from each state cast one vote, which rep- 
resented the opinion of the majority of the repre- 
sentatives from that state. If there were a tie 
among the members from any state, then the state 
had no vote. Under the constitution each senator 
votes his individual pleasure. 

(2) "Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided, as equally 
as may be, into three classes. The seats of the senators 



196 CIVIL GOVERNMENT. 

of the first class shall be vacated at the expiration of the 
second year; of the second class, at the expiration of the 
fourth year; and of the third class, at the expiration of 
the sixth year; so that one-third may be chosen each second 
year, and if vacancies happen by resignation, or otherwise, 
during the recess of the legislature of any state, the ex- 
ecutive thereof may make temporary appointments until 
the next meeting of the legislature, which shall then fill 
such vacancies." 

Senate a Permanent Body.— As two thirds of 
the senators always a hold over'' from congress to 
congress, the senate is a permanent organization, 
and not like the house which may be entirely 
changed every two years. By this arrangement the 
senate always has a majority of experienced legis- 
lators, and this tends to make it a body more to be 
trusted at home and respected abroad. 

Vacancies. — As would be expected, the senators 
representing the state rather than the people, any 
vacancy in the same if the legislature of the state 
be not in session when the vacancy occurs, is filled 
by the governor of the state by appointment. Such 
appointment holds good only till the next meeting 
of the legislature, when another election will be 
held to fill the unexpired term. If a legislature at 
any time fails to elect a senator, the governor then 
does not appoint, but the state is deprived of such 
representation. 

(3) "No person shall be senator who shall not have at- 
tained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that state for which he shall 
be chosen." 



THE LEGISLATIVE DEPARTMENT. 197 

Qualifications of a Senator.— As the senate is 
supposed to be a more influential body than the 
house, so should its members have higher qualifica- 
tions. The senate acts with the president in con- 
cluding treaties, and therefore it is a little to be 
wondered at that the qualifications as to citizenship 
were not made more than nine years. 

(4) "The vice-president of the United States shall be presi- 
dent of the senate, but shall have no vote, unless they be 
equally divided." 

President of the Senate.— It will be noticed 
that the duties and powers of the vice-president are 
almost identical with those of lieutenant-governor 
of the state. By placing him as a presiding officer 
of the senate, it was thought that the equality of the 
states would be better retained than by electing one 
of their own number, also that the vice-president, 
not being elected to represent any state, would be 
less partial. Not being a member of the senate, he, 
of course, has no vote, except when the senate itself 
can not decide a question. 

(5) "The senate shall choose their other officers, and also 
a president pro tempore, in the absence of the vice-presi- 
dent, or when he shall exercise the office of president of the 
United States." 

Other Officers of the Senate.,— The other offi- 
cers of the senate are about the same as those of the 
house and their duties are similar. The chief clerk 
of the senate has the title of secretary. The presi- 
dent pro tempore is a member of the senate and is 
therefore entitled to a vote upon all questions when 
he is presiding. 



198 CIVIL GOVERNMENT. 

(6) "The senate shall have the sole power to try all im- 
peachments. When sitting for that purpose, they shall be 
on oath or affirmation. When the president of the United 
States is tried, the chief justice shall preside; and no per- 
son shall be convicted without the concurrence of two- 
thirds of the members present." 

Impeachment. — As the house represents the peo- 
ple in bringing charges against its civil officers, so 
the trial should be before a court that will not be 
hasty in its decisions. Such the senate would likely 
be. The other provisions of this clause of the consti- 
tution have been fully discussed under the state gov- 
ernment. 

(7) "Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust or profit, under 
the United States; but the party convicted shall, neverthe- 
less, be liable and subject to indictment, trial, judgment and 
punishment, according to law." 

Penalty in Impeachment.— The court of im- 
peachment is not strictly a court of law, therefore it 
should not usurp the function of such courts. The 
penalty inflicted goes no farther than to the question 
of officeholding, leaving the courts of law still free 
to proceed with the convicted person, just the same 
as though he had not been tried by the court of im- 
peachment. 



CHAPTER XLVII. 



POWERS AND DUTIES OF CONGRESS. 



Article I, Section 4. (1) "The times, places and man- 
ner of holding elections for senators and representatives 
shall be prescribed in each state by the legislature thereof; 
but the congress may at any time, by law, make or alter 
such regulations, except as to the place of choosing sen- 
ators." 

Election of Congressmen.— The election of rep 
resentatives and senators lias been left almost en- 
tirely to the states, but congress made provision for 
dividing states into representative districts, and also 
made provision, as has been noticed, for the method 
of electing senators. The place of choosing sena- 
tors should obviously be left with the state, other- 
wise congress would have the power to locate state 
capitals. 

(2) "The congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in De- 
cember, unless they shall by law appoint a different day." 

Meetings of Congress.— Representatives in most 
of the states are elected on the first Tuesday after 
the first Monday of Xovember, and senators for the 
most part are elected during the two or three 
months following, but the congress to w T hich they 
are elected does not come into existence until the 
fourth of March following, the first or long session 

(199) 



200 CIVIL GOVERNMENT. 

of which opens on the first Monday of December, a 
year or more after election. Each congress now 
meets twice, once on the first Monday of December 
of the odd numbered years and continues until some 
time the next summer, but may continue one year, 
then assembles for its second or short session again 
in December of the even numbered years and con- 
tinues until the fourth of March. Special sessions 
may be called by the president. 

Article I, Section 5. (1) "Each house shall be the judge 
of the elections, returns, and qualifications of its own mem- 
bers, and a majority of each shall constitute a quorum to do 
business; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties, 
as each house may provide." 

Powers of Congress. — Each house receives the 
certificates of election of each member, decides all 
cases of contested seats, and pronounces on the 
qualifications of its own members. The quorum 
being placed at a majority almost always insures 
transaction of business. If it were larger, a minor- 
ity might hinder business by remaining away; if it 
were smaller, a minority might transact business 
not acceptable to the majority. Both houses have 
at times to send the sergeant-at-arms after absent 
members in order to secure a quorum. It was the 
custom until a few years ago for members who de- 
sired to delay legislation to be in their seats but to 
refuse to vote. They were then considered as not 
present and at times a quorum could not be secured. 
Speaker Reed made a ruling that all present should 



POWERS AND DUTIES OF CONGRESS. 201 

be counted so, and continued to do business. For 
this ruling he was denominated "Czar" Reed; but 
speakers of the opposite party have since applied 
the same ruling. 

(2) "Each house may determine the rules of its proceed- 
ings, punish its members for disorderly behavior, and with 
the concurrence of two-thirds, expel a member." 

Rules of Congress.— As in the state legislature, 
both houses make their own rules, and may at any 
time lay aside all rules and transact business as 
they deem best. It would hardly be supposed that 
a provision would be necessary for the punishment 
of members for disorderly behavior in the congress 
of the United States, but such provision has been 
useful at times. The expulsion of a member would 
be a serious affair and should be done only for the 
grossest offense; therefore, the number necessary to 
expel has been made large. Under this provision 
no one would be likely to be expelled for political 
reason? 

(3) "Each house shall keep a journal of its proceedings, 
and, from time to time, publish the same, excepting such 
parts as may, in their judgment, require secrecy; and the 
yeas and nays of the members of either house, shall, at the 
desire of one-fifth of those present, be entered on the jour- 
nal." 

Record to be Published.— A most complete rec- 
ord of every transaction of congress is kept. The 
debates are taken in full and form a part of the 
records and are printed and distributed daily. The 
American people are opposed to any secrecy in any- 
thing that pertains to the public interests. Legis- 



202 CIVIL GOVERNMENT. 

lators are the agents of the people and the people 
have the right to have the fullest knowledge possi- 
ble of all their public acts. The people also have 
the right to know just how every member votes on 
every question. If the ballot was secret, members 
might be induced by bribes to vote contrary to their 
convictions or the desires of their constituents. 
This often delays business, but it is better delayed 
than not done right The senate still holds secret 
executive sessions, that is, sessions in which it acts 
with the executive in the consideration of his ap- 
pointments. 

(4) "Neither house, during the session of congress, shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two houses shall be sitting." 

Adjournment. — Both houses are necessary to the 
passage of any law, therefore business might be seri- 
ously delayed by the adjournment of either house 
for a long period, or by the adjournment to some 
place not convenient of access. 

Article I, Section 6. (1) "The senators and representa- 
tives shall receive a compensation for their services, to be 
ascertained by law, and paid out of the treasury of the 
United States. They shall in all cases except treason, fel- 
ony, and breach of the peace, be privileged from arrest dur- 
ing their attendance at the session of their respective 
houses, and in going to and returning from the same; and 
for any speech or debate in either house, they shall not be 
questioned in any other place." 

Salaries.— The question arose in the constitu- 
tional convention, and has often arisen since, as to 
whether congressmen should receive salaries. Many 



POWERS AND DUTIES OF CONGRESS. 203 

contend that unworthy men seek election to con- 
gress because of the salary attached, while others 
contend that poor but worthy men would be de- 
barred if there were no salary. Finally it was de- 
cided to let congress fix its own salaries. At first 
it was placed at six dollars a day in the house and 
seven in the senate, but has been increased from 
time to time until it is now five thousand dollars a 
year and twenty cents a mile for distance necessarily 
traveled. The speaker receives eight thousand, and 
the president pro tempore, when serving as president 
of the senate, receives the same. 

Privileges of Congressmen.— If a member of 
congress was subject to arrest for any trivial offense, 
he might be prevented, without adequate cause, from 
attending the sessions, and his constituency would 
thus be deprived of their just representation. If 
he could be sued for slander, he would not feel free 
to utter his just convictions at all times. Hence 
these two special privileges are granted to members 
of congress, freedom from arrest and freedom of 
speech. In speaking of the latter, Congressman 
McCleary says: 

"The purpose of this provision is not to shield 
cowards in speaking ill of persons who do not de- 
serve reproach, but to protect right-minded mem- 
bers in exposing iniquity, no matter how the doers 
of it may be intrenched in wealth or power." 

(2) "No senator or representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall have 



204 CIVIL GOVERNMENT. 

been created, or the emoluments whereof shall have been 
increased, during such time; and no person holding any 
office under the United States shall be a member of either 
house during his continuance in office." 

Restrictions on Congressmen.— Members might 
be instrumental in creating offices, or in increasing 
the salaries attached to others already created, for 
no other purpose than to secure an appointment to 
the position. Members can hold no other office un- 
der the general government, as it was thought that 
no one could well "serve two masters." It is thought 
by many that members of the president's cabinet 
should be members of congress. 



CHAPTER XLVIII. 



HOW LAWS ARE MADE. 



Article I, Section 7. (1) "All bills for raising revenue 
shall originate in the house of representatives; but the 
senate may propose or concur with amendments, as on 
other bills." 

Revenue, — By revenue is meant the money re- 
ceived by the government from various sources and 
used for the support of the same. It is mostly in 
the form of taxes, either direct or indirect, and there- 
fore must be paid by the people; therefore the house, 
which is nearest the people, should originate all bills 
relating to the revenue. However, as all such bills 
must be concurred in and may be amended by the 



HOW LAWS ARE MADE. 205 

senate, much of the force of the original intention 
is lost. The senate may even introduce bills that 
imply the raising of revenue, such as establishing 
postoffiees, etc. The bills to which the clause would 
especially apply are those for direct taxation and 
for tariff. 

(2) "Every bill which shall have passed the house of 
representatives and the senate, shall, before it becomes a 
law, be presented to the president of the United States; if 
he approve, he shall sign it; but if not, he shall return it, 
with his objections, to that house in which it shall have 
originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If, after such recon- 
sideration, two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be considered, and, 
if approved by two-thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall 
be determined by yeas and nays, and the names of the per- 
sons voting for and against the bill shall be entered on the 
journal of each house, respectively. If any bill shall not 
be returned by the president within ten days (Sundays ex- 
cepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, un- 
less the congress, by their adjournment, prevent its return, 
in which case it shall not be a law." 

How a Bill Becomes Law. — Every possible 
safeguard is thrown about the law-making process 
to prevent the enactment of poor laws. A majority 
of congress might be carried away by popular frenzy 
and hastily pass some harmful law. Here the presi- 
dent may step in with his veto power and demand 
further consideration of the bill. If after still fur- 
ther consideration by both houses, two-thirds of each 



206 CIVIL GOVERNMENT. 

house agree that the bill should become a law, it is 
quite probable that there is a need or demand for 
such a law. This is wliy it was wise not to make 
the president's veto absolute. The progress of a 
bill from the time it is introduced into either house 
until it becomes a law is about the same as outlined 
in the treatment of the same subject under the state 
government. 

(3) "Every order, resolution, or vote to which the concur- 
rence of the senate and house of representatives may be 
necessary (except on a question of adjournment), shall be 
presented to the president of the United States; and before 
the same shall take effect, shall be approved by him, or, 
being disapproved by him, shall be repassed by two-thirds 
of the senate and house of representatives, according to 
the rules and limitations prescribed in the case of a bill." 

Joint and Concurrent Resolutions.— a joint 
resolution is an agreement between the two houses 
to pass certain acts, and such acts are to become 
general law. The veto power of the president may 
be used here the same as in the preceding clause, 
except in case of adjournment, which it might have 
been well also to leave somewhat under the control 
of the president, as congress might adjourn without 
transacting business necessary to the general work- 
ings of the government until the next session. A 
concurrent resolution is an agreement to do certain 
things, which are not to become general laws: Over 
these the president has no control. The distinction 
between the two is often confusing. 



CHAPTER XLIX. 



LEGISLATIVE POWERS OF CONGRESS. 



Article I, Section 8. (1) "Congress shall have power: 
To lay and collect taxes, duties, imposts and excises, to 
pay the debts and provide for the common defense and 
general welfare of the United States; but all duties, im- 
posts and excises shall be uniform throughout the United 
States." 

Powers of Congress Specified. — From the 

time of the formation of the confederation of the 
states up to the present day the people have been 
divided as to whether the greater part of the legis- 
lative power should be vested in the general govern- 
ment or in the states. As a concession to those 
in the constitutional convention believing in state 
rights it was agreed to specify points upon which 
congress might legislate. The constitution is there- 
fore a guide to both the nation and the states in 
their legislative functions; congress looks there to 
see on what points it may legislate; legislatures 
look there to see on what points they may not legis- 
late. 

Taxes. — Under the articles of confederation con- 
gress had power to apportion taxes to the several 
states, but had no power to levy or collect them. 
This was a vital weakness which the constitution 
provides against. The four terms used may be thus 
explained: Taxes is a general term including all 
the others; duties is somewhat general, being often 

(207) 



208 CIVIL GOVERNMENT. 

applied to all kinds of indirect taxes; imposts are 
duties upon imported goods; and excises are taxes 
on goods manufactured in the nation. Direct taxes 
were laid only four times: prior to the civil war, in 
1798, 1813, 1815, and 1816, and were also laid to meet 
part of the debt of the civil war, but are no longer- 
laid. The purposes for which congress may levy 
taxes are almost unlimited, as the term "general wel- 
fare" is very broad. Lack of uniformity weakened 
the confederation, therefore the constitution pro- 
vides that all taxes shall be uniform. Direct taxes 
by the national government are usually expensive 
in collecting and not so satisfactory as indirect 
taxes. 

(2) "To borrow money on the credit of the United States." 

Borrowing Money. — The credit of the United 
States is simply based on the will of the people to 
pay their debts. A nation in times of peace might 
get along without borrowing money, but in case of 
war or some other emergency she must utterly fail 
without such power. The abiding faith in the United 
States as a nation has rendered it possible for our 
government to borrow money to almost any extent 
and at a very low rate of interest. 

(3) "To regulate commerce with foreign nations, and 
among the several states, and with the Indian tribes." 

Commerce. — The regulation of commerce is one 
of the most important questions with which con- 
gress has to deal. It includes all interstate and in- 
ternational traffic by water or land and must neces- 



LEGISLATIVE POWERS OF CONGRESS. 209 

sarily be under one general arrangement, otherwise 
the states would legislate for their own advantage. 
This was indeed the greatest difficulty under the con- 
federation, and was the prime cause for calling the 
constitutional convention. The regulation has been 
made broad by congress and extends so as to render 
commerce as safe and profitable as possible. It thus 
includes all works for safety and convenience along 
our coasts, and also the laying of imposts upon 
goods. 

(4» "To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States." 

Naturalization.— The pow r er to establish rules of 
naturalization w r as given to congress so that uni- 
formity might be secured, and that a person who be- 
comes a citizen in one state will also be a citizen in 
any other state of the Union. Citizens are all per- 
sons born in the country or naturalized. All other 
persons are aliens. Persons coming to this country 
to make their home may at any time declare their 
intention to become citizens. This they do before a 
clerk of court or before the court itself. Two years 
after declaring their intentions, if they have then 
been in the United States five years, they may take 
out what are called their second papers. They must 
appear before the judge, renounce allegiance to their 
former country, swear to support the constitution 
of the United States, and prove by two witnesses 
their residence in the state for the past year. They 
then receive their naturalization papers which make 



210 CIVIL GOVERNMENT. 

them citizens. A person coming into the country 
before he is eighteen can take out both papers at 
the same time when he becomes of age. Children 
under twenty-one when the father was naturalized 
are considered citizens. When the husband becomes 
naturalized the wife is also considered a citizen. 

Bankruptcy. — A person who can not pay his 
debts is said to be bankrupt, but the term should 
apply only when the courts have declared such bank- 
ruptcy. If the states were allowed to make bank- 
rupt laws of their own they might make laws that 
would conflict with laws of other states and prevent 
justice between debtor and creditor in different 
states. Congress gave early attention to this and 
passed a bankrupt law in 1800, but it was repealed 
in 1803. It passed another in 1811 which was re 
pealed in two years, and another in 1867 which 
lasted until 1878. The objection to the laws was 
that they gave too great opportunity for dishonest 
dealers to defraud their honest creditors. 

(5) "To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and meas- 
ures." 

Coinage. — It can readily be seen why the coining 
of money should be left to the general government. 
Congress early established a uniform system, based 
upon the decimal scale instead of the English scale. 
The value of each piece of money is determined by 
congress and stamped thereon and usually depends 
somewhat on the amount of precious metal con- 
tained in the coin. 



LEGISLATIVE POWERS OF CONGRESS. 211 

Weights and Measures.. — Although congress has 
the power to fix the standard of weights and meas- 
ures, it has never done so, and there is still a variety 
in the different states. Congress adopted for use in 
the business of the government the English stand- 
ards and recommended their use to the various 
states. The states adopted them for the greater 
part, yet the difference is still so great that some 
change is urgently needed. Congress has legalized 
the metric system but has not attempted to intro- 
duce it. Most civilized countries have introduced it, 
and the United States and England will probably 
before many years fall into line. The system is as 
much superior to our present system of weights and 
measures as the decimal system of money is superior 
to the system of pounds, shillings, and pence. 

(6) "To provide for the punishment of counterfeiting the 
securities and current coin of the United States." 

Counterfeiting. — If coinage is left with congress, 
of course the punishment for counterfeiting must 
be also. Congress has placed heavy penalties for 
the crime of counterfeiting, and as a result a coun- 
terfeit coin is rare. States are not forbidden to 
pass such laws and some states have passed laws to 
provide for punishment for counterfeiting. 

(7) "To establish postoffiees and post roads." 

Postal Service. — That the mails may be promptly 
and cheaply transmitted they must be under the di- 
rection of one authority. This department is one 
of the most important with which congress has to 
deal. So important is it that its <?hief officer has 



212 CIVIL GOVERNMENT. 

been given a place in the president's cabinet. Post 
roads are usually selected from already existing car- 
riage roads, railroads, and waterways, although in 
former times a few roads were laid out by the gov- 
ernment. The revenue from the postage does not 
always pay the expenses of the system, but the rates 
of postage have been reduced from time to time to 
correspond with the amount of business transacted. 
During the early part of the century different rates 
w T ere charged for different distances. 

(8) "To promote the progress of science and useful arts, 
by securing, for limited times, to authors and inventors, 
the exclusive right to their respective writings and discov- 
eries." 

Copyrights.— There was no question as to the 
right of the general government to have the power 
to grant copyrights and patents. A copyright is a 
protection guaranteed to an author to have the sole 
right to print, publish, and sell his books, maps, 
charts, etc. It is obtained from the librarian of con- 
gress by sending him, on or before the day of publi- 
cation, a copy of the title page, and also two copies 
of the publication. This entitles the publisher to 
the right for twenty-eight years and it may then be 
renewed for fourteen years longer. In 1891 a law 
was passed which secures international copyright 
with most of the civilized nations of the world. 

Patents. — A patent is a right granted upon some 
invention and is very similar to a copyright. It is 
obtained from the commissioner of patents and is 
good for a period of seventeen years. A written 



LEGISLATIVE POWERS OF CONGRESS. 213 

description of the patent, together with drawings 
and model, must be sent to the commissioner, and if 
it is thought not to conflict with former patents, the 
patent is granted. More than three hundred thou- 
sand patents have already been issued by the United 
States. 

(9) "To constitute tribunals inferior to the supreme 
court." 

Courts. — The constitution establishes the su- 
preme court and congress has established circuit 
courts of appeal, circuit courts, district courts, court 
of claims, court of the District of Columbia, terri- 
torial courts, and consular courts. These deal only 
with matters that do not regularly belong to the 
state courts. There are as many circuit courts of 
appeal and circuit courts as there are judges of the 
supreme court, to each of which a judge of the su- 
preme court is assigned. District courts are estab- 
lished as fast as they are needed and judges ap- 
pointed to preside over them. The court of the Dis- 
trict of Columbia exercises jurisdiction only in that 
district, and territorial courts only in their several 
territories. The court of claims decides what ac- 
counts against the United States should be paid. 
Consular courts are held by American consuls in 
foreign countries. The judges of all these courts 
are appointed by the president, with the consent of 
the senate. 

(10) "To define and punish piracies and felonies commit- 
ted on the high seas, and offenses against the law of na- 
tions." 



214 CIVIL GOVERNMENT. 

Piracy. —Piracy is robbery committed by a ship's 
crew upon the high seas. When the constitution 
was framed this crime was common but is now 
scarcely known. 

Felony.— Felony is a high crime, but had not been 
defined the same in all the states. States have no 
jurisdiction beyond their coast line, nor has the 
United States beyond a three-mile limit from the 
coast. Yet in dealing with felony committed on the 
high seas and with piracy, it is evident that the gen- 
eral government should have control, as the punish- 
ment of such might lead to international complica- 
tions in which a state can have no part. 

Offenses Against Nations. — A citizen of any 
state is legally considered by any foreign nation 
simply as a citizen of the United States. Therefore 
the United States must deal with all offenses com- 
mitted against the law of nations. 

(11) "To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water." 

Declaring War. — As a foreign nation does not 
recognize state rights, the declaration of war by any 
state would involve the whole nation ; therefore, it is 
right that the nation should have the power to de- 
clare w^ar. In monarchies the chief ruler usually 
has this power, but in a republic the people are sov- 
ereign and their representatives should determine 
this important question. 



LEGISLATIVE POWERS OF COXGRESS. 215 

Marque and Reprisal.— Letters of marque and 
reprisal are commissions granted to private persons 
permitting them to take the property of a foreign 

nation. They are granted in times of war as a 
means of harassing the enemy, and in times of peace 
to obtain redress for wrongs committed by a for- 
eign nation. The result is usually a destruction of 
private property and is not much resorted to in 
modern warfare. 

Captures. — Prizes captured on the seas in time of 
war are usually divided among the captors. All 
these things being war measures, should, of neces- 
sity, be under the general power of congress. 

(12 1 "To raise and support armies; but no appropriation 
of money to that nse shall be for a longer term than two 
years." 

Armies.— The confederacy could declare war, 
but the states were to raise the armies. This defect 
the constitution removes. The general government, 
in order to retain its sovereignty, must have power- 
to raise an army to protect itself or to resent an in- 
jury. Yet a large army kept long in service often 
becomes a menace to a nation. The president is 
commander-in-chief, and under him a strong army 
might turn the nation into anarchy and the power 
of the people be lost: therefore the constitution pro- 
vides that no appropriation for the support of the 
army shall be for more than two years! An army 
without financial support would soon be disbanded. 
Appropriations may be renewed as often as congress 
sees fit- 



216 CIVIL GOVERNMENT. 

(13) "To provide and maintain a navy." 

Navy.— The general principles that apply to the 
army will apply to the navy, except that it takes 
longer to prepare a navy, therefore no provision is 
inserted as to the time for which an appropriation 
shall be made. 

(14) "To make rules for the government and regulation of 
the land and naval forces." 

Regulations of Army and Navy.— This clause 
is a necessary sequence to the preceding. A nation 
with an army and without power to make rules for 
the regulation of the same would be powerless. 

(15) "To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections and repel in- 
vasions." 

(16) "To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may be 
employed in the service of the United States, reserving to 
the states respectively, the appointment of the officers, and 
the authority of training the militia according to the dis- 
cipline prescribed by congress." 

Militia. — Each state has its militia, organized as 
well as unorganized, as has been outlined in a 
former chapter of this book. This militia is at the 
command of the president at any time, and congress 
has made complete regulations governing the same. 
This state militia is usually under the control of the 
governor, but when called into the service of the 
nation goes under the control of the president. 



LEGISLATIVE POWERS OF CONGRESS. 217 

(17) "To exercise exclusive legislation in all cases what- 
soever, over such district (not exceeding ten miles square) 
as may, by the cession of particular states, and the accept- 
ance of congress, become the seat of government of the 
United States, and to exercise like authority over all places 
purchased by the consent of the legislature of the state in 
which the same shall be, for the erection of forts, maga- 
zines, arsenals, deck yards, and other needful buildings." 

District of Columbia.— Under the last clause 
congress secured the present District of Columbia, 
and there the capital of the nation was laid out. It 
is entirely under the eontrol of congress, thus 
placing our government ontside the direct influence 
or interference of any state. The inhabitants of 
the district do not even have the power to vote. 

Public Property. -All public property belonging 
to the United States is under the direct supervision 
of congress, and the states have no rights whatever 
over them. This is to insure the nation against in- 
terference in any of her projects. 

(18) "To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, and 
all other powers vested by this constitution in the govern- 
ment of the United States, or in any department or officer 
thereof." 

"The Sweeping Clause."— This clause has been 
called "the sweeping clause" because of the great 
power that many claim that it gives to congress. 
The clause was stoutly opposed by many members 
of the constitutional convention, but was finally 
agreed to, but restrictions on congress were specially 
named. Acting under this clause congress has done 



218 CIVIL GOVERNMENT. 

many things for which no direct provision can be 
found in the constitution. Without it the central 
government would be greatly weakened. With the 
increasing prosperity of the country under the 
strong central government, states have lost much 
of their former mistrust, and acts under this clause 
are not so bitterly opposed as formerly. 



CHAPTER L. 



PROHIBITIONS ON THE NATIONAL GOVERNMENT. 



Article I, Section 9. (1) "The migration or importation 
of such persons as any of the states now existing shall 
think proper to admit, shall not be prohibited by congress 
prior to the year one thousand eight hundred and eight, 
but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person." 

Slave Trade.— The first clause of section nine 
refers to the slave trade, although the framers of 
the constitution did not wish to degrade that docu- 
ment by placing the word slave in it. The importa- 
tion of slaves had already been discontinued except 
in two or three states, but it appeared that these 
states would not accept the constitution unless they 
were granted this privilege. Hence a compromise, 
by which congress was forbidden to interfere for 
twenty years, was the result. In 1808 congress 
passed a law prohibiting the importation of any 
more slaves, and the civil war has made the clause 
obsolete. 



NATIONAL GOVERNMENT PROHIBITIONS. 2 1 9 

(2) "The privileges of the writ of habeas corpus shall not 
be suspended, unless when in cases of rebellion or invasion 
the public safety may require it." 

Habeas Corpus. — Habeas corpus has been de- 
fined in a former chapter. It was considered one of 
the dearest rights of the people, therefore congress 
should be prohibited from suspending it. In case 
of war, measures are sometimes necessary that 
would not be tolerated in times of peace. During 
the rebellion the privileges w T ere suspended and use 
made of it as a war measure. 

(3) "Xo bill of attainder or ex post facto law shall be 
passed." 

Bill of Attainder.— A bill of attainder is one by 
w T hich a person is condemned by legislative rather 
than by judicial process and which is usually accom- 
panied by the loss of civil rights to his heirs. A bill 
of attainder might provide that the heirs of a person 
executed for some political reason should not in- 
herit the property of the deceased, as well as provide 
for condemning and executing a person without ai 
regular trial in some court. Such measures are in- 
consistent with republican principles and are for- 
bidden to congress. 

Ex Post Facto Law.— An ex post facto law is 
one that imposes a penalty for some act that was 
committed before the law was made. It may be 
either a penalty where no penalty whatever existed 
before, or it may be an increase of penalty already 
existing. A person when committing any act should 



220 CIVIL GOVERNMENT, 

know the penalty, therefore no such law would be 
just. No increase of penalty after the commission 
of a crime can be applied, but a decrease in penalty 
may be applied to such cases. 

(4) "No capitation or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken." 

Taxes. — A capitation tax is a poll tax. Direct 
taxes have already been explained. All such taxes 
levied by the United States must have been, prior 
to the civil war, in proportion to an enumeration 
that consisted of all free people and three-fifths of 
the slaves. The same rule still applies, but no slaves 
exist. The clause was hardly necessary, as the third 
clause of section two of this article has already pro- 
vided for the same. 

(5) "No tax or duty shall be laid on articles exported 
from any state." 

Export Duties, — Congress is given power to lay 
duties, but is specially prohibited from laying duties 
on exports. An export duty could hardly be laid 
that would not do injustice to some state, as no 
article is produced in equal quantities in all parts 
of the nation. 

(6) "No preference shall be given by any regulation of 
commerce or revenue to the ports of one state over those of 
another; nor shall vessels bound to or from one state, be 
obliged to enter, clear or pay duties in another." 

Regulation of Commerce.— Fear was expressed 
that the general government might show partiality 
to some of the states in matters of commerce. It 



NATIONAL GOVERNMENT PROHIBITIONS. 221 

was also thought that there should be free trade 
among the different states, otherwise one state 
might be enriched at the expense of another. There- 
fore the general government was prohibited to aid 
any state in particular in its commerce. 

(7) "No money shall be drawn from the treasury but in 
consequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time." 

Appropriations.— No public official can expend 
any public money until it has been appropriated by 
congress. This is to guard the nation's finances and 
keep them in the control of the people's represen- 
tatives. Congress is given the power to raise 
money; it should therefore have the power to deter- 
mine for what purposes it should be used. Those 
who have the disbursement of appropriated public 
funds make annual detailed reports. 

(8) "No title of nobility shall be granted by the United 
States; and no person holding an office of profit or trust 
under them, shall, without the consent of the congress, ac- 
cept of any present, emolument, office, or title of any kind 
whatever, from any king, prince or foreign state." 

Titles of Nobility.— Titles of nobility would be 
contrary to our ideas of equality, and would bring 
back distasteful memories. Any title, present, or 
the like, from a foreign power to an officer of the 
government might tend to influence his acts. Our 
nation had seen enough of foreign influence and de- 
termined to stamp it out forever. 



CHAPTER LI. 



PROHIBITIONS ON THE STATES. 



Article I, Section 10. (1) "No state shall enter into any 
treaty, alliance, or confederation; grant letters of marque 
and reprisal; coin money; emit bills of credit; make 
anything but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts, or grant any title of 
nobility." 

Treaty; Alliance; Confederation.— These three 
terms mean almost the same, the last being more 
comprehensive. If states were permitted to make 
treaties with foreign nations, the power of the na- 
tion would be null, for a treaty made by a state 
might conflict with one made by the general gov- 
ernment, and the nation would be thus brought into 
difficulty, with foreign nations. Neither should 
states be permitted to make alliances among them- 
selves, for they would thus become a menace to the 
Union. 

Marque and Reprisal. — Letters of marque and 
reprisal should be issued only as a war measure, and 
if issued by any state would be likely to bring war 
upon the whole nation. This power has been given 
to congress, but has been used very little even there. 

Coinage,— Power to coin money was given to 
congress so as to secure uniformity; therefore the 
power should not be given to the states. 

(222) 



PROHIBITIONS ON THE STATES. 223 

Bills of Credit — Bills of credit are paper prom- 
ises to pay money. They had been issued exten- 
sively prior to the constitution and had become 
almost worthless, and caused much trouble. States 
could not issue them without continuing this 
trouble and endangering the whole financial system. 

Legal Tender. — Gold and silver are considered 
more stable than most other commodities, and 
especially when compared with the paper money 
issued by the states. All powers relating to the 
money of the nation are wisely left with congress. 

Attainder.— No bill of attainder shall be passed 
by a state for reasons given under prohibitions on 
congress. 

Ex Post Facto Law.— The reasons for the 
prohibition on congress in regard to an ex post facto 
law are equally applicable to the states. 

Obligation of Contracts.— Contracts once en- 
tered into of one's own will should be everywhere 
morally and legally binding. Therefore no state 
should have power to pass a law that would release 
any person from such contract. 

Title of Nobility.— Every state must be repub- 
lican in form of government, and it would be con- 
trary to the principles of such government to grant 
titles just the same as it would be for the nation to 
grant them. 



224 CIVIL GOVERNMENT. 

(2) "No state shall, without the consent of the congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its inspec- 
tion laws; and the net produce of all duties and imposts, 
laid by any state on imports or exports, shall be for the use 
of the treasury of the United States; and all such laws 
shall be subject to the revision and control of the congress. 
No state shall, without the consent of congress, lay any 
duty of tonnage, keep troops or ships of war in time of 
peace, enter into any agreement or compact with another 
state, or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as not to ad- 
mit of delay." 

Duties. — If states were permitted to lay duties, 
confusion would soon arise from lack of uniformity. 
Inspection duties are permitted because each state 
can better investigate the products of its own indus- 
tries than could the nation. Inspection is for the 
purpose of having only good products placed on the 
market, or that all products shall be marked accord- 
ing to their grade. This is to protect legitimate 
manufacturers and producers as w r ell as consumers. 
States may impose a duty for this purpose, but this 
may be controlled somewhat by congress. Tonnage 
duties are duties on vessels, and come under the 
regulations of commerce, w r hich belong properly to 
congress. 

War Powers, — The whole subject of war was 
assigned to congress, therefore the state, of course, 
would be prohibited from taking any initiatory war- 
like steps without consent of congress. A state, as 
has been stated in connection with treaties, should 
not enter into any compact whatever with another 



EXECUTIVE DEPARTMENT. 225 

state or a foreign nation. Yet one exception to 
these provisions remains: A state, as well as an 
individual, has the right to defend itself in time of 
danger. The state may use its militia in time of 
imminent danger, but even then it is by provision 
of congress, as the militia of each state is organized 
and acting under national law almost wholly. 



CHAPTER LIT. 



EXECUTIVE DEPARTMENT. 



Article II, Section 1. (1) "The executive power shall 
be vested in a president of the United States of America. 
He shall hold his office during the term of four years, and 
together with the vice-president, chosen for the same term, 
shall be elected as follows." 

The Executive.— Under the articles of confed- 
eration there was no executive. The people having 
received such unjust treatment from the king of 
England, came to think of the executive only as an- 
other name for tyrant. However, a few years with- 
out an executive convinced the people that a govern- 
ment without such an office was not a government at 
all; so it was generally agreed in the constitutional 
convention that there should be an executive. It 
was debated as to whether this power should consist 
of one man or more than one, but it w T as finally de- 
cided that to insure prompt and energetic action one 
person would be more efficient, but that his office 
must be surrounded with limitations so that there 
would be a safeguard to the liberties )f the people. 



226 CIVIL GOVERNMENT. 

Term of Office. — The length of term of the presi- 
dent came in for its share of debate. Opinions 
differed, the lengths proposed varying from two 
years to life. A compromise followed and four 
years was selected. The arguments against too short 
a term are that the president would not have time to 
carry out any policy that he might advocate, and 
further, he might look more to a reelection than to 
the duties of his office. On the other hand, too long 
a term might make him too independent of the peo- 
ple and cause him to become tyrannical. Many ad- 
vocated ineligibility to reelection, but it seemed best 
to place the president where he would look both to 
the interests of the country and to the will of the 
majority. The term begins on the fourth of March 
following the election. No president has been a 
candidate for more than two terms, and it is an un- 
written law, upheld by public sentiment, that no 
one shall be elected to the presidential chair for a 
third term. 

(2) "Each state shall appoint, in such manner as the leg- 
islature thereof may direct, a number of electors equal to 
the whole number of senators and representatives to which 
the state may be entitled in the congress; but no senator or 
representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector." 

Method of Election. — Several methods were 
suggested for electing the president, among which 
were election by congress, by legislatures, by the 
people, and by special persons elected by the people. 
If congress should elect, the legislative and executive 
would be brought into too close relationship and it 



EXECUTIVE DEPARTMENT. 227 

would not leave the executive so free to act. If 
legislatures elected, a new authority would be given 
to bodies who should be elected for an entirely 
different purpose. If the people elected directly 
they might be led away by popular favoritism, and 
elect a man unfit for his high position. If persons 
selected by the people especially for this purpose 
were given this power, they would be more likely to 
judge correctly as to the qualifications necessary to 
the chief executive of the nation. The last method 
was adopted, but the arguments in its favor do not 
apply now. 

Electors. — The number of presidential electors is 
equal to the number of representatives and senators 
in congress from each state. This was a concession 
to the smaller states, giving them the same voice in 
electing president that they have in congress. At 
first the electors w T ere elected without regard to 
party affiliation, and therefore w T ere left free to ex- 
ercise their judgment in the selection of the presi- 
dent. But as soon as party lines began to be closely 
drawn electors were chosen who were pledged to 
certain parties and to certain leaders of certain 
parties. Each state is free to elect its electors as 
it deems best, but the election must be held on the 
first Tuesday after the first Monday of November. 
Methods of electing in the different states differed 
somewhat in the past, but at present all the voters 
in each state may vote for as many presidential 
electors as his state is entitled to. It will readily 
be seen that under the original intention of this 



228 CIVIL GOVERNMENT. 

clause no person holding office under the United 
States would be a suitable person for elector, as he 
might not be free to exercise his judgment. It 
would have little force now. 

(3) "The electors shall meet in their respective states, and 
vote by ballot for two persons, of whom one at least shall 
not be an inhabitant of the same state with themselves. 
And they shall make a list of all the persons voted for, 
and the number of votes for each; which list they shall 
sign and certify, and transmit, sealed, to the seat of the 
government of the United States, directed to the president 
of the senate. The president of the senate shall, in the 
presence of the senate and house of representatives, open 
all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall be 
president, if such number be a majority of the whole num- 
ber of electors appointed; and if there be more than one 
who have such a majority, and have an equal number of 
votes, then the house of representatives shall immediately 
choose by ballot one of them president, and if no person 
have a majority, then from the five highest on the list the 
said house shall in like manner choose the president. But 
in choosing the president, the vote shall be taken by states, 
the representation from each state having one vote; a 
quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the states, and a majority of all 
the states shall be necessary to a choice. In every case, 
after the choice of the president, the person having the 
greatest number of votes of the electors shall be vice- 
president. But if there should remain two or more who 
have equal votes, the senate shall choose from them by 
ballot the vice-president. 

Election by Electors. — This clause has been 
superseded in some of its provisions by the twelfth 
amendment. The electors, which body has been 
styled the electoral college, meet in their respective 



EXECUTIVE DEPARTMENT. 229 

states, and congress provides for this meeting to be 
on the second Monday of January following election. 
Formerly each elector voted for two persons for 
president, but now for only one. Each elector now 
votes for one person, also, for vice-president, and it 
will be seen, from either the original or the amend- 
ment, that the president and vice-president were 
not intended to be from the same state, as that 
would give too much power to one state. The re- 
sult of the vote of electors in each state is certified 
to and transmitted to the president of the senate. 
In fact, three sets of these "returns," as they are 
called, are sealed; one is deposited with the judge 
of the United States district court in whose district 
the electors meet; another set is sent by mail to the 
president of the senate, and the third set is delivered 
in person to him by special messenger, usually one 
of the electors. A majority of all the votes of the 
electors is necessary to the selection of the president. 
This was so in the amendment and the original, but 
in the original the vice-president might be elected 
by a plurality. The votes of the electors are opened 
on the second Wednesday of February. 

Election of President by the House. —If no 
one has received a majority of all the electoral votes 
for president, then the house of representatives must 
proceed to elect. The power w r as given to the 
house, as that body is nearer to the people. In the 
original, if two persons had a majority, but an equal 
number, then one of them was selected president, 
or if no one had a majority, then the selection was 
made from the five having the highest number of 



230 CIVIL GOVERNMENT. 

votes. In the amendment this number is reduced 
to three, and might, perhaps, have been well re- 
duced to two. The vote by states, each state having 
one vote, means that the majority of the representa- 
tives from each state shall determine that vote. 
Only two presidents have been elected by the house, 
Thomas Jefferson, in his first term, and John Quincy 
Adams. 

Election of Vice President by the Senate — 
When the electors fail to choose a vice-president, 
the duty devolves upon the senate, for the reason 
that his duties, except in case of death or disability 
of the president, are in connection with that body, 
each senator having one vote. Only two names be- 
ing presented there is likely always to be a speedy 
election, hence the provision for the vice-president 
to serve as president when the house fails to elect 
before the fourth of March. 

(4) "The congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; 
which day shall be the same throughout the United States." 



Time of Election.— Congress has determined 
the time of holding the elections as has been noted 
in the preceding pages. If the election was not 
held on the same day in each state, undue influence 
might be brought to bear on the last two or three 
states to vote, when the vote was found to be quite 
close. 

(5) "No person except a natural born citizen, or a citizen 
of the United States at the time of the adoption of this 
constitution, shall be eligible to the office of president; 



EXECUTIVE DEPARTMENT. 231 

neither shall any person be eligible to that office, who shall 
not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States." 

Qualifications of President and Vice Presi- 
dent. — Xo one but a native born citizen could be 
trusted in such a position as president of the nation. 
Foreign influence was feared. Persons who had be- 
come true subjects at the time of the adoption of 
the constitution were excepted. The qualifications 
of age and residence can easily be understood when 
compared with the qualifications of representatives 
and senators. By the twelfth amendment the vice- 
president must have the same qualifications as the 
president. 

(6) "In case of the removal of the president from office, 
or of his death, resignation or inability to discharge the 
powers and duties of the said office, the same shall devolve 
on the vice-president, and the congress may by law provide 
for the case of removal, death, resignation or inability, 
both of the president and vice-president, declaring what* 
officer shall then act as president, and such officer shall 
act accordingly, until the disability be removed, or a presi- 
dent shall be elected." 

Vacancies.— A vacancy in the presidency may 
be caused in various ways. Four times in the hun- 
dred years it has been caused by death, and the 
vice-president has filled the unexpired term. Were 
there no provision for succession the life of the na- 
tion might be endangered while a new election was 
going on. No vice-president acting as president has 
ever died while in office, but congress early made 
provision for succession in such an event, by desig- 



232 CIVIL GOVERNMENT. 

nating the president pro tempore of the senate and 
the speaker of the house as respectively in line of 
succession. But at times there are no such officers, 
so to make the succession more certain the presi- 
dent's cabinet has been substituted in the order of 
secretary of state, secretary of the treasury, secre- 
tary of war, attorney general, postmaster general, 
secretary of the navy, and secretary of the interior. 
This succession insures the same political party in 
power, as the president's cabinet is chosen from his 
own party. This would avoid abrupt changes in 
national policies. 

(7) "The president shall, at stated times, receive for his 
services a compensation which shall be neither increased 
nor diminished during the period for which he shall have 
been elected, and he shall not receive within that period 
any other emolument from the United States, or any of 
them.' , 

Salary. — Congress originally fixed the president's 
salary at $25,000, but some years ago increased it 
to $50,000. This compensation is remarkably small 
compared with that of rulers of other large coun- 
tries. Congress has no power to increase or de- 
crease the president's salary during his term; there- 
fore, they can not by that means influence his acts. 
Nor can the government, which would be the con- 
gress in this case, make him any present of any kind, 
for this would amount to the same thing as in- 
creasing his salary. He is also forbidden to receive 
any emolument from any state, because it might 
tend to influence him to favor that particular state. 
The executive mansion, or White House, is furnished 



EXECUTIVE DEPARTMENT. 233 

to the president at the expense of the nation. The 
salary of the vice-president is $8,000 a year. All 
the officers receive their salary at the end of each 
month. 

(8) "Before he enter on the execution of his office, he 
shall take the following oath or affirmation: 'I do solemnly 
swear (or affirm) that I will faithfuly execute the office of 
president of the United States, and will to the best of my 
ability, preserve, protect and defend the constitution of the 
United States.' " 

Inauguration.— Taking the oath of office is the 
principal ceremony of inauguration. The oath is 
administered on the fourth day of March by the 
chief justice of the United States. It will be noted 
that this oath is very simple and yet very broad. 
The president who carries out the spirit of his oath 
will do his duty. 

Inaugural Address. — Immediately after assum- 
ing the oath the president delivers his inaugural 
address, in which he outlines his policy and gives 
plans for the guidance of the administration. He 
assumes the responsibilities of a great nation, and 
therefore should direct the policy of the same. 
Thorpe well says: "The responsibilities incident to 
the office of president of the United States have 
called into exercise noble qualities from all our pres- 
idents. From the excitement of the campaign to 
the cares of the White House is a transformation 
likely to change the leader of a party into the head 
of the nation." 



CHAPTER LIII. 



POWERS AND DUTIES OF PRESIDENT. 



Article II, Section 2. (1) "The president shall be com- 
mander-in-chief of the army and navy of the United States, 
and of the militia of the several states, when called into 
the actual service of the United States; he may re- 
quire the opinion, in writing, of the principal officer in each 
of the executive departments, upon any subject relating to 
the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses against 
the United States, except in cases of impeachment.' , 

Commander-in-Chief.— The chief executive must 
have some means of executing his authority. In 
performing his duty the occasion often arises for 
the use of an army or navy, and it is only logical 
that the president should have these at his com- 
mand. The president does not take the field in 
person, but appoints a general to carry out his 
orders. Although the army is at the command of 
the president, yet he is prevented from abusing the 
power thus bestowed on him, for the army is the 
creature of congress, and that body has entire con- 
trol over its existence. 

Executive Departments.— The constitution does 
not provide for the establishment of special execu- 
tive departments, but inasmuch as they are neces- 
sary to the president in performing the duties of 
his office, congress has established eight depart- 

(234) 



POWERS AND DUTIES OF PRESIDENT. 235 

ments, the heads of which are appointed by the 
president, with the consent of the senate, and con- 
stitute what is known as his cabinet The names 
of these executive auxiliaries are the departments 
of state, treasury, war, navy, interior, agriculture, 
justice, and postoffices. The chief officers of the 
first six are called secretaries, and of the last two, 
attorney-general and postmaster-general. It is from 
these eight cabinet officers that the president may 
require opinions, and it is upon these that he de- 
pends to see that nis executive authority is duly ex- 
ercised throughout the nation and in transactions 
with other nations. Their salaries are $8,000 each. 

Department of State.— The head of this depart- 
ment is called secretary of state, and he has charge 
of all public documents and records and affixes the 
great seal of the United States to all commissions 
issued by the president. Through him all foreign 
negotiations and correspondence with our foreign 
ministers and consuls are carried on. For this rea- 
son he is considered the most important cabinet 
officer and is usually selected from men of interna- 
tional renown. The department is divided into 
three bureaus, called the diplomatic bureau, the 
consular bureau, and the domestic bureau. 

Ministers and Consuls.— Under the control of 
the department of state are all the ministers and 
consuls representing our government in foreign 
countries. They are appointed by the president. 
Ministers represent our government in all political 
negotiations, while consuls represent it in commer- 
cial relations. Ministers are considered of higher 



236 CIVIL GOVERNMENT. 

rank than consuls. The minister to England is con- 
sidered the most important. The salaries grade 
downward from f 17,500. 

Department of Treasury.— The secretary of the 
treasury is at the head of the treasury department 
and his office is considered very important. He is 
expected to devise plans for raising revenue for the 
support of the nation, look after the national debt, 
and see that the credit of the government is main- 
tained. Under his control all moneys of the nation 
are received and disbursed. To this department 
naturally belong the control of the customs and 
custom houses, all the mints, government issues of 
paper money, national banks, and everything per- 
taining to the finances of the country. In addition 
to the control of the finances, this department has 
charge of the coast survey, the collecting of statis- 
tics, the architectural plans for United States build- 
ings, aoid! some other important branches. The 
chief officers under the secretary are tw T o comp- 
trollers and six auditors. 

Department of War.— The department of war 
has control of all matters pertaining to the army. 
In times of peace the department is not so im- 
portant as the other departments, but in time of 
war it at once becomes the most important. Un- 
der the supervision of this department is the na- 
tional military academy at West Point. The signal 
service belongs to this department. 

Department of Navy.— Like the department of 
war, the department of navy is much more im- 
portant in times of war than in times of peace. It 



POWERS AXD DUTIES OF PRESIDENT. 237 

supervises the building of war ships and the fur- 
nishing of all naval supplies. The naval academy 
at Annapolis is under its control. 

Department of Interior. — This department, as 
its name signifies, has charge of various branches 
of the government that relate to home interests, 
such as pensions, patents, education, census, public 
lands, and Indian matters. This department in 
times of peace has probably more to do with the 
general welfare of the people than any other de- 
partment. 

Department of Agriculture.— The department 
of agriculture did not become a distinct department 
until 1889, but was under the interior department. 
The immense agricultural interests in the West 
seemed to demand a separate department, there- 
fore it was separated, and its chief officer is now a 
member of the president's cabinet. Its duties are 
implied in its title. The weather bureau belongs 
to this department. 

Department of Justice..— The chief of the de- 
partment of justice is called attorney -general, and 
it is his duty to act as counsel in all cases in the 
name of the United States; also to give advice to 
the executive and departments on points of law. 

Department of Postoffices — The chief of this 
department is called postmaster-general. Under 
his direction the immense postal service of the na- 
tion is carried on. He establishes postoffices and 
post roads, makes arrangements for the transpor- 



238 CIVIL GOVERNMENT. 

tation of mail, and appoints all postmasters whose 
salaries do not exceed one thousand dollars a 
year. The postoffice department, like the interior 
department, is important to the people in general. 
Reprieves and Pardons.— Like the governor of 
the state, the president has power to grant reprieves 
and pardons in cases of persons convicted by United 
States courts. Injustice may have been done by 
courts and there should be some power to restore 
rights which have been unjustly taken away. In 
times of war there have been some noted reprieves 
and pardons granted by the president. The ex- 
ception to his power in cases of impeachment is 
made so that congress may have entire control over 
the acts of public officers. 

(2) "He shall have power, by and with the advice and 
consent of the senate, to make treaties, provided that two- 
thirds of the senators present concur; and he shall nom- 
inate and by and with the advice and consent of the sen- 
ate, shall appoint ambassadors, other public ministers and 
consuls, judges of the supreme court, and all other officers 
of the United States, whose appointments are not other- 
wise herein provided for, and which shall be established 
by law; but congress may by law vest the appointment of 
such inferior officers as they may think proper, in the 
president alone, in the courts of law or in the heads of 
departments. 

Treaties. — Treaties are compacts with foreign 
nations and may be upon almost any subjects re- 
lating either to peace or war. They are usually 
negotiated through the secretary of state and the 
foreign minister, but must be ratified by the presi- 
dent, and this is called making the treaty. But in 



POWERS AXD DUTIES OF PRESIDENT. 239 

ratifying it the president must have the consent of 
two-thirds of the senators present at the time of 
making the treaty. It was considered too import- 
ant a duty to be entrusted to the president alone, 
but the details of such a matter could be better at- 
tended to by one man than by many. 

Appointments.— Only two executive officers of 
the nation are elected. All other executive and all 
judicial officers are appointed, and most of them 
by the president. This is a great responsibility, 
and in all the important offices the senate must con- 
cur. By thus having the appointive power in his 
hands the president can surround himself with 
subordinates who will be in harmony with his poli- 
cies, and the machinery of the nation will move 
more harmoniously. But there are dangers in the 
system. President Jackson first exercised, to any 
great extent, the right to remove from office and 
fill the places with political friends, claiming that 
"To the victors belong the spoils." The federal 
officeholders form a large and influential class of 
citizens. These, if they are so inclined, may help 
much to keep the president in office, though he 
were unworthy of the position, and a president 
might be inclined to appoint unscrupulous persons 
for the purpose of furthering his ends. 

Civil Service Reform. — The civil service means 
all the persons in the employ of the national gov- 
ernment. To relieve the president of some of the 
responsibilities of so many appointments, and to 
secure more efficient services to the government, a 
reform in the civil service has been instituted 



240 CIVIL GOVERNMENT. 

during the last few years. Competitive examina 
tions are held to determine qualifications for posi- 
tions, and those best qualified receive the appoint- 
ments. Many of the minor offices are already in- 
cluded in the reform, and it is being extended every 
year. Most honest statesmen are in favor of it, 
and there is no question but that all but a few of 
the immediate advisers of the president and the 
highest judicial officers will come into the list, al- 
though unscrupulous politicians are still opposed 
to it. 

(3) "The president shall have power to fill up all vacan- 
cies that may happen during the recess of the senate, by 
granting commissions which shall expire at the end of their 
next session." 

Vacancies.— Business might be delayed during 
the recesses of the senate if the power to make tem- 
porary appointments were not given to the presi- 
dent. The senate at its next session may confirm 
the appointment, but if it does not, another ap- 
pointment is usually made. This power of the 
president might be abused by his appointing a re- 
jected candidate again at the close of the session 
of the senate. 

Article II, Section 3. (1) "He shall from time to time 
give to congress information of the state of the Union, and 
recommend to their consideration such measures as he 
shall judge necessary and expedient; he may on extraordi- 
nary occasions, convene both houses or either of them, and 
in case of disagreement between them, with respect to the 
time of adjournment, he may adjourn them to such time as 



POWERS AXD DUTIES OF PRESIDEXT. 241 

be shall think proper; he shall receive ambassadors and 
other public ministers; he shall take care that the laws 
be faithfully executed, and shall commission all officers of 
the United States." 

Message.— The president, at the beginning of 
each session of congress, and from time to time as 
he may think necessary, sends to congress messages. 
These messages outline to congress the policies that 
he would like to see carried out by appropriate legis- 
lation. 

Extra Sessions. — Emergencies sometimes arise 
during recesses of congress which render it im- 
portant for congress to assemble. The president 
may then call an extra session to consider such 
matters as he may lay before it. 

Receiving Ambassadors. — Ambassadors, or 
ministers, are sent by all civilized nations to repre- 
sent their government at the capitals of other na- 
tions. The matter of receiving them is left to the 
president, as the representative of the nation. It is 
a matter of great importance at times, as two sets of 
ambassadors might be sent by two forms of govern- 
ment set up in the same country, and it is then for 
the president to decide which ambassadors are en- 
titled to recognition. It is a custom of nations to 
recognize no new government until it has proved its 
right to existence, and for the president to receive 
ambassadors from a form of government that has 
not proved that right might involve our nation in 
war. 

Execution of the Laws.— It is evident that 
the chief executive should see that the laws are 
faithfully executed, and this provision implies that 



242 CIVIL GOVERNMENT. 

he shall use such means as may be necessary and 
not prohibited in performing the same. The presi- 
dent must be the judge of these means, and it is im- 
portant that he should be a man of sound judgment 
and quick decision. 

Commissions of Officers.— Over one hundred 
thousand offices have been in the past filled by the 
president by appointment and all these are to be 
commissioned by him. Civil service reform is fast 
removing much of this unnecessary burden and 
leaves the president freer to attend to his executive 
duties. 

Article II, Section 4. (1) "The president, vice-presi- 
dent, and all civil officers of the United States, shall be 
removed from office on impeachment for, and conviction of, 
treason, bribery, or other high crimes and misdemeanors." 

Impeachment.— Impeachment has been referred 
to twice before in the discussion of the constitution. 
It may be well here to state that only officers of 
high rank are ever impeached. Others are usually 
removed by the power w 7 hich appointed them. The 
right to impeach high officers is another safeguard 
thrown around the public offices. There have been 
only seven cases of impeachment in the history of the 
national government: William Blount, a senator; 
John Pickering, a judge; Samuel Chase, a judge; 
James Peck, a judge; W. H. Humphreys, a judge; 
Andrew Johnson, president; and W. W. Belknap, 
secretary of war. The case against the first was 
dismissed, as it was decided that he was not a civil 
officer. Judge Pickering and Judge Humphreys 
were convicted, and all the others acquitted. 



CHAPTER LIV. 



JUDICIAL DEPARTMENT. 



Article III, Section 1. (1) "The judicial power of the 
United States shall be vested in one supreme court, and in 
such inferior courts as the congress may from time to 
time ordain and establish. The judges both of the supreme 
and inferior courts shall hold their offices during good be- 
havior, and shall at stated times receive for their services 
a compensation which shall not be diminished during their 
continuance in office." 

Importance of the Judiciary. — Another weak 
ness of the government under the articles of con- 
federation was the lack of a national judiciary. 
Congress could make laws, but each state w T as free 
to interpret them according to the w 7 ill of its courts. 
The result was a conflict in interpretations, often 
to suit the interests of the states in w^hich decisions 
were made. It was therefore pretty well agreed 
among the makers of the constitution that there 
should be a judicial department, and that it should 
be as free as possible from restraint. 

The Courts. — Congress has power to establish 
all the courts except the supreme court, which is 
provided for by the constitution. Under powers of 
congress these courts have been referred to. 

Judges of the Supreme Court.— The consti- 
tution does not provide for the number of judges 
of the supreme court, therefore congress adds to 

(243) 



244 CIVIL GOVERNMENT. 

the list as the increase of business seems to de- 
mand. At present there are nine, one of whom is 
called chief justice, and the others associate jus- 
tices. They are appointed by the president, and 
their term of office is really for life. Thus they are 
free after appointment to exercise their judgment 
without fear of incurring party displeasure or per- 
secution. They can be removed from office only by 
impeachment. 

Other Judges. — Inasmuch as there are as many 
circuit courts of appeal and circuit courts as there 
are supreme judges, there are now nine of each, sev- 
eral states being combined under one justice of the 
supreme court and two or more circuit judges. The 
supreme judge and the judges of the circuit con- 
stitute the circuit court of appeals, which has final 
jurisdiction in most cases. Besides these, each 
state has a district court and some states two or 
three, in all nearly seventy at present, each with 
one judge, and a district attorney who has charge 
of all cases before the district court. The various 
other courts established by congress have judges, 
all of whom are appointed by the president. 

Salaries of Judges. — It will readily be seen why 
the salary of a judge should not be liable to reduc- 
tion by congress, and it would seem equally just that 
it should not be increased, but no provision is made 
against that. The salary of the chief justice is 
|10,500 and of the associate justices, f 10,000. Of 
the circuit judges it is $6,000, of the district judges 
it is $5,000, and of the other judges it varies from 
$5,000 to $3,500. 



JUDICIAL DEPARTMENT. 245 

Article III, Section 2. (1) "The judicial power shall 
extend to all cases, in law and equity, arising under this 
constitution, the laws of the United States, and treaties 
made or which shall be made, under their authority; to all 
cases affecting ambassadors, ether public ministers, and 
consuls; to all cases of admiralty jurisdiction; to contro- 
versies to which the United States shall be a party; to 
controversies between two or more states; between a state 
and citizens of another state; between citizens of different 
states; between citizens of the same state claiming lands 
under grants of different states, and between a state or the 
citizens thereof, and foreign states, citizens or subjects." 

Jurisdiction of Federal Courts.— Most cases 
involving the questions of law are tried in the state 
courts, but there are others which are manifestly 
of such a nature as to place them outside the juris- 
diction of the law of any one state. For such cases 
as these the federal, or national, courts were es- 
tablished. Two classes of cases are specified, those 
which are purely national, and those in which the 
states are individually interested; but, like congress, 
the federal courts are limited to specific cases. 

Cases Purely National.— Among the cases which 

the constitution expressly places under the juris- 
diction of the federal courts are those in which 
some point of the constitution itself is in question, 
or some law made by the national government. 
These laws are general and must have a general 
interpretation. In all cases affecting treaties, am- 
bassadors, ministers, and consuls, and admiralty 
jurisdiction, which means jurisdiction on the high 
seas, the federal courts should surely have jurisdic- 
tion, as the cases all affect our foreign relations, 



246 CIVIL GOVERNMENT. 

and foreign nations recognize no state government. 
The United States also reserves to herself the right 
to have tried in her own courts any case in which 
she is herself a party, and thus retains her sover- 
eignty. If a state were the other party in this last 
provision the subject would naturally fall in the 
following paragraph: 

Cases in Which States Are Interested. — 

A controversy between tw r o states could not be sat- 
isfactorily settled in the courts of either state. 
The same idea would naturally rise in connection 
with a case between one state and citizens of an- 
other state, and the constitution made provision for 
such cases in the federal courts, but the eleventh 
amendment changes this so that no suit brought 
by citizens of one state against another state can 
be considered by the federal court; yet suits by a 
state against citizens of another state are still 
brought in the federal court. Also do cases come 
under the same court between citizens of different 
states for reasons given above. In early days land 
grants often overlapped owing to inaccuracy or lack 
of survey, and in such cases state courts might lead 
to trouble between states granting the lands. The 
last provision evidently comes under the jurisdic- 
tion of the nation, as it involves foreign interests. 

(2) "In all cases affecting ambassadors, other public min- 
isters and consuls, and those in which a state shall be a 
party, the supreme court shall have original jurisdiction. 
In all the other cases before mentioned, the supreme court 
shall have appellate jurisdiction, both as to law and fact, 
with such exceptions and under such regulations as the 
congress shall make." 



JUDICIAL DEPARTMENT. 247 

Jurisdiction of Supreme Court.— Original and 
appellate jurisdiction have already been explained. 
Only eases which have some high importance 
attached to them can come originally before the 
supreme court. Ambassadors, ministers, and con- 
suls are considered high officers and much re- 
spect is shown them; likewise, the state being a 
government within itself, and the thirteen being 
originally sovereign powers, would command the 
highest respect that could be shown. Cases in- 
volving the constitutionality of law from all the in- 
ferior federal courts, and from state courts when 
the point at issue affects the nation, may be brought 
by appeal before the supreme court. Five members 
of the court form a quorum to consider cases, and 
their decision is final. They do not decide upon the 
constitutionality of any law passed by congress 
until some case is brought before them involving 
that point. 

(3) "The trial of all crimes, except in cases of impeach- 
ment shall be by jury, and such trial shall be held in the 
state where said crimes shall have been committed; but 
when not committed within any state, the trial shall be at 
such place or places as congress may by law have directed." 

Trial of Crimes. — The difference between crim- 
inal and civil cases has been noted. Civil cases 
may or may not be tried by jury, but the constitu- 
tion guarantees trial by jury to every person ac- 
cused of crime. Trial by jury is of long standing 
and is considered one of the most important rights 
of a free people. Trial should be in the state where 



248 CIVIL GOVERNMENT. 

the crime was committed, otherwise the accused 
would be submitted to too much trouble and ex- 
pense. If a crime is not committed in any state it 
is reasonable that the trial of it should be under 
the direction of the general government. Such 
commission of crimes might be on the high seas, 
in the territories or District of Columbia, or on 
military or Indian reservations. 

Article III, Section 3. (1) "Treason against the United 
States shall consist only in levying war against them, or in 
adhering to their enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act, or on confes- 
sion in open court." 

Treason. — Treason is considered the highest 
crime a person can commit and its punishment at 
all times has been most severe. In different coun- 
tries different acts are considered treasonable, and 
therefore congress thought best to define it accu- 
rately, and has limited it to two acts, levying war 
against the United States or adhering to or giving 
aid and comfort to their enemies. No contemplated 
act against the nation is treason; it must be some- 
thing actually performed. Further than this, a per- 
son can not be convicted unless there are two wit- 
nesses to the same overt or open act, or upon open 
confession. One witness in most cases is sufficient 
to convict, but in time of war or disturbances accu- 
sations are more likely to be made from prejudice 
than in time of peace; also, as treason is some overt 
act, if there was any foundation for the charge, 
more than one witness would be likely to know of 
the facts. 



RELATIONS OF THE STATES. 249 

(2) "The congress shall have power to declare the punish- 
ment for treason; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of 
the person attainted." 

Punishment for Treason.— Congress may de- 
clare the punishment for treason and has made it 
death or imprisonment and fine; but none of the 
cruelties of the past are, of course, inflicted. Pun- 
ishment for treason in England and other countries 
was often extended to the children and they were 
prevented from inheriting the property of their con- 
victed parent. This, of course, was unjust and not 
consistent with the principles of a free country. 
Had the Revolution failed it is probable that many 
of the leaders would have been punished for treason. 
Again, at the close of the civil war our government 
had the right to punish for treason any who took 
part in the war against the Union, but no punish- 
ments were meted out except certain political disa- 
bilities. 



CHAPTER LV. 



RELATIONS OF THE STATES. 



Article IV, Section 1. (1) "Full faith and credit shall 
be given in each state to the public acts, records and judi- 
cial proceedings of every other state. And the congress 
may by general laws prescribe the manner in which such 
acts, records and proceedings shall be proved, and the effect 
thereof." 



250 CIVIL GOVERNMENT. 

Records. — The public acts, which here mean the 
laws; the records, which mean all papers and re- 
ports legally filed; and judicial proceedings,, which 
mean decisions of the courts, of one state, must be 
taken in full faith in any other state. Were it not 
for this, persons going into other states might be 
subjected to much inconvenience. This gives free- 
dom of action and equality of rights to all persons 
in whatever state they may happen to be either 
permanently or temporarily. Congress has made 
laws prescribing the manner of proving any of these 
acts, records, and proceedings, such as having sig- 
natures of certain officials and seals attached. 

Article IV, Section 2. (1) "The citizens of each state 
shall be entitled to all privileges and immunities of citizens 
in the several states." 

Privileges of Citizens.— A state can not grant 
privileges to its citizens and deny the same to cit- 
izens of other states. A citizen going into another 
state is accorded all the privileges allowed to the 
citizens of that state. This is a safeguard to assure 
the equality of the people wherever they may be 
while within the limits of the country. 

(2) "A person charged in any state with treason, felony, 
or other crime, who shall flee from justice, and be found in 
another state, shall, on demand of the executive authority 
of the state from which he fled, be delivered up, to be re- 
moved to the state having jurisdiction of the crime." 

Fugitive Criminals.— One state has no authority 
in another state, therefore a criminal w T ho has es- 
caped into another state is exempt from arrest by 
any officer from the state from which he fled. 



RELATIONS OF THE STATES. 251 

Criminals could almost always make their way into 
another state before arrest, and justice could not 
be secured, were it not for this provision. The con- 
stitution does not designate the method for carry- 
ing out this provision, but the states carry it out as 
follows: The governor of the state from which the 
criminal fled makes a requisition on the governor 
of the state in which the criminal is found and 
where he may be held by the authorities in that 
state. The governor of the latter state usually com- 
plies with the requisition and orders the prisoner 
turned over to the authorities of the former stale. 

(3) "No person held to service or labor in one state, under 
the laws thereof, escaping into another, shall, in conse- 
quence of any law or regulation therein, be discharged from 
such service or labor, but shall be delivered up on claim of 
the party to whom such service or labor may be due." 

Fugitive Slaves. — The last clause refers partic- 
ularly to slaves escaping from their masters. It 
would also refer to those "bound out," as they 
formerly were to serve apprenticeships. There was 
much sympathy in the Northern states for the 
slaves of the South, and it was feared by the South- 
ern members of the convention that Northern states 
might enact laws that would interfere with the re- 
turn of fugitive slaves, or that Northern people 
might afford such shelter and protection. There- 
fore this clause was a concession to Southern senti- 
ment. The principle contained in it caused much 
bitterness of spirit for years before the rebellion, 
but now the provision has no force whatever. 



252 CIVIL GOVERNMENT. 

Article IV, Section 3. (1) ''New states may be admit- 
ted by the congress into this Union; but no new state shall 
be formed or erected within the jurisdiction of any other 
state; nor shall any state be formed by the junction of 
two or more states or parts of states, without the consent 
of the legislatures of the states concerned as well as of the 
congress." 

Admission of States. — At the time of the adop- 
tion of the constitution there was much land ex- 
tending westward from the thirteen original states 
that was acknowledged to be a part of the United 
States, and was either in no state at all or claimed 
by the different states. Instead of keeping this 
land, and all territory thereafter acquired, as sub- 
sidiary to the original states, provision was made 
for admitting it on equal terms with the others. 
This has proved to be a wise provision, every state 
added being an addition of power and not a depend- 
ency that would tend in time to drag the nation 
down. Most of the territory claimed by the states 
was afterwards ceded to the general government, 
but when new states were made out of territory 
over which some state still claimed jurisdiction, the 
consent of the legislature of the state had to be 
obtained. The rights of states can not be inter- 
fered with, therefore a state can not be formed 
from part of another state without the consent of 
that state. 

(2) "The congress shall have power to dispose of and 
make all needful rules and regulations respecting the ter- 
ritory or other property belonging to the United States; and 
nothing in this constitution shall be so construed as to prej- 
udice any claims of the United States, or of any particular 
state." 



RELATIONS OF THE STATE. 253 

Public Territory.— Of course a government has 
the right to make any regulations necessary to the 
control or disposal of its own property, but this 
provision places that right in the legislative branch 
of the government. Congress has had many a 
stormy session over the disposal of its vast areas of 
public lands which it has acquired by concession, 
conquest, purchase, annexation, or otherwise. Yet 
it has enriched the nation as a whole, and many 
of the newer states have reason to be satisfied with 
the disposition of the lands when they consider 
their immense permanent school fund resulting 
from these very lands. The last part of the clause 
was added to assure the states, that no act of con- 
gress could deprive them of their right over any 
of this territory. 

Article IV, Section 4. (1) "The United States shall 
guarantee to every state in this union a republican form 
of government, and shall protect each of them against in- 
vasion, and on application of the legislature, or of the exec- 
utive (when the legislature cannot be convened), against 
domestic violence." 

Protection of the States.— Any other form of 
government than republican would be inconsistent 
with the principles upon w r hich this government was 
founded, therefore the guarantee that every state 
should have such a form is only natural. It is not 
left for each state to decide this, but it is to be en- 
forced by the general government if necessary. It 
is also the duty of the nation to assist the state, if 
need be, wiien invaded, for the state is a part of the 
nation, and invasion of the state is invasion of the 



254 CIVIL GOVERNMENT. 

nation. The state may, through its militia, take 
arms against invasion, but this is under general 
provisions of the national government. The nation 
is also bound to aid a state in times of domestic 
troubles, but then only at the request of the legis- 
lature or executive. This last condition is to re- 
lieve the nation from interfering in petty state 
broils. However, in times of great danger, the na- 
tion has interfered in state matters, even though 
not requested to do so by the state, on the ground 
that a national calamity was imminent. 



CHAPTER LVI. 



AMENDMENT AND MISCELLANEOUS. 



Article V. (1) "The congress, whenever two-thirds of 
both houses shall deem it necessary, shall propose amend- 
ments to this constitution, or, on the application of the leg- 
islatures of two-thirds of the several states, shall call a con- 
vention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as a part of this 
constitution, when ratified by the legislatures of three- 
fourths of the several states, or by conventions in three- 
fourths thereof, as the one or the other mode of ratification 
may be proposed by the congress; provided, that no amend- 
ment, which may be made prior to the year one thousand 
eight hundred and eight, shall, in any manner, affect the 
first and fourth clauses in the ninth section of the first ar- 
ticle; and that no state, without its consent, shall be de- 
prived of its equal suffrage in the senate." 

Amendment.— The constitution of the United 
States is the most complete and comprehensive 
political document ever compiled by any body of 



AMENDMENT AXD MISCELLANEOUS. 255 

men; and vet it is brief, being much shorter than 
the constitutions of most of the states. The wis- 
dom expressed in those few pages has almost with- 
out change withstood the shocks of peace and war 
for over a hundred years. But the framers knew 
that however complete it might be for the then ex- 
isting condition, the time would come when changes 
would be necessary, yet during the hundred years, 
although over seven hundred amendments have 
been advocated in congress and nineteen proposed 
to the states for ratification, only fifteen have been 
adopted. Xo amendment has ever been proposed or 
ratified by conventions. Stability of fundamental 
principles of government are necessary to progress 
and tranquillity in a. nation; therefore amendment 
to a constitution is usually made difficult. If there 
is a real need for change the change can be made 
under these difficulties. The two provisos at the 
close of the clause were concessions to the South 
and to the small states. The former has been 
amended in part, but the latter has not. 

Rejected Amendments.— Of the four amend- 
ments rejected by the states, two were proposed by 
the first congress. One of these related to the reg- 
ulation of the number of representatives. This 
could be better regulated by congress from time to 
time. The other was to prevent congressmen from 
increasing their own salaries. Public opinion will 
usually prevent congressmen from increasing be- 
yond reasonable limits their own salaries. In 1873 
congress passed a bill increasing the salaries of 
members to $7,500 and making it apply from the 



256 CIVIL GOVERNMENT, 

beginning of their term. This was called the 
"salary grab/' and created such an outburst of con- 
demnation throughout the country that it was re- 
pealed at the next session. Another rejected 
amendment was one to prohibit citizens from re- 
ceiving titles, or any emoluments from a foreign 
power. The last rejected amendment was proposed 
in 1861, and was to make slavery perpetual. It was 
hoped by this that the feeling in the South might 
be allayed and the threatened war averted. 

Article VI. (1) "All debts contracted and engagements 
entered into before the adoption of this constitution shall 
be as valid against the United States under this constitu- 
tion as under the confederation." 

Debts. — Under the confederation it was difficult 
to collect debts, and one purpose of a new form of 
government was to insure the payment of all just 
claims. Yet there were those who might fear that 
a change in government would affect their rights, 
so this clause was inserted as a sort of assurance to 
the mistrustful. Under the new government credit 
soon became much more firmly established than it 
had ever been under the confederation. 

(2) "This constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land; and 
the judges in every state shall be bound thereby, anything 
in the constitution or laws of any state to the contrary not- 
withstanding." 

Supremacy of the Nation.— When the states 
adopted the constitution they, of course, adopted 
the provisions of this clause, and the stand which 



AMENDMENT AXD MISCELLANEOUS. 257 

many of thein afterwards took in regard to state 
rights had no foundation at all. This clause gives 
entire supremacy to the constitution and laws of 
the United States and makes all laws of the states 
contrary to the same null and void. It is the clause 
which makes the whole constitution a living, acting 
force. 

(3) "The senators and representatives before mentioned, 
and the members of the several state legislatures, and all 
executive and judicial officers, both of the United States 
and of the several states, shall be bound by oath or affirma- 
tion, to support this constitution; but no religious test shall 
ever be required as a qualification to any office or public 
trust under the United States." 

Oaths. — The first provision of this last clause 
requires all officers under the national or state gov- 
ernments to swear allegiance to the United States. 
This custom of taking an oath of office is of long 
standing in various countries, but it has come to 
be considered by many as a mere form; yet the ma- 
jority of the people are still influenced by its sacred- 
ness. The test oath, as it is called, of the second 
provision is in accordance with the spirit of religious 
liberty for which our forefathers so often contended. 
Xo officer of the national government is ever re- 
quired to proclaim his religious belief. This pro- 
vision does not extend to state officers, but the 
states have followed the nation in the matter. 

Article VII. (1) "The ratification of the conventions of 
nine states shall be sufficient for the establishment of this 
constitution between the states so i*atifving the same." 



258 CIVIL GOVERNMENT. 

Ratification of the Constitution.— The consti- 
tutional convention was called for the purpose of 
revising the articles of confederation, but instead 
of this the convention assumed a power not dele- 
gated to it and made a constitution for the people. 
The states were still sovereign, and, therefore, the 
constitution was referred directly to them for ratifi- 
cation, without referring it to congress, the body 
which had brought the convention into existence. 
When two-thirds of the states had ratified it, it was 
to become binding upon those states. The others 
would still be sovereign. It was thought that nine 
states would be few enough to make successful such 
a government. Xine states adopted it before the 
end of a year, and the new government went into 
operation; an existing government had been over- 
thrown, and another revolution had been accom- 
plished. 

Inauguration of the New Government.— The 

constitution was completed and signed by the mem- 
bers of the convention in September, 1787. In July 
of the next year the ninth state ratified it, and the 
government of those nine states under the constitu- 
tion began. That is, the constitution became bind- 
ing upon them, but the government did not go into 
immediate operation. The old congress still con- 
tinued to exist, and in September, 1788, adopted the 
following resolution: 

"Resolved, That the first Wednesday in January 
next be the day of appointing electors in the sev- 
eral states which before the said day shall have 
ratified the said constitution; that the first Wednes- 



THE AMENDMENTS. 259 

day in February next be the day for the electors to 
assemble in their respective states, and vote for a 
president; and that the first Wednesday in March 
next be the time, and the present seat of congress 
the place, for commencing proceedings under the 
said constitution." 

Senators, representatives, and presidential elect- 
ors were elected, and the latter met in February, 
1789, and elected George Washington president 
The day set for inauguration of the president fell 
on the fourth of March, therefore that date has 
come down to us as the day of inauguration. How- 
ever, the first inauguration did not take place until 
April 30 on account of a delay in the assembling of 
congress. Washington was inaugurated on the bal- 
cony of Federal Hall in New York City, where the 
capital was located until 1790. 



CHAPTER LVII. 



THE AMENDMENTS. 



First Ten Amendments.— As the constitution 
came before the several legislatures for ratification, 
quite a general sentiment was expressed that the 
rights of the people were not clearly enough ex- 
pressed. Under the confederation the people could 
not be reached at all by the general government, 
but this had proved a weakness. Yet personal lib- 
erty was what they had fought for in the Revolu- 
tion, and they were still opposed to any form of 



260 CIVIL GOVERNMENT. 

government that in any way threatened those lib- 
erties. Although the constitution reserved to the 
national government only certain rights, expressly 
stated, and conceded to the states and the people 
all other rights, yet there was a demand for a more 
explicit statement of these facts. Therefore, in the 
first session of congress in 1789, twelve amendments 
were proposed, ten of which were ratified by the 
requisite number of state legislatures in 1791. 
These amendments together were called the "bill of 
rights." They do not change the constitution at 
all, but rather serve to explain it. Judge Story says 
their object was to "more efficiently guard certain 
rights already provided for in the constitution, or 
to prohibit certain exercises of authority supposed 
to be dangerous to the public interests." 

Article I. "Congress shall make no law respecting an 
establishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech or of the press; 
or the right of the people peaceably to assemble and to pe- 
tition the government for a redress of grievances." 

Freedom of Religion. — Many of the states were 
settled for the purpose of securing religious free- 
dom, and in the minds of our forefathers it should 
go hand in hand with political freedom. No na- 
tional religion should be established by congress 
and no law should be made interfering with free 
exercise of anyone's religion. The Mormons have 
tried to take advantage of this article to practice 
polygamy, contrary to the laws of the United States. 

Freedom of Speech and Press.,— Some coun- 
tries even now restrict speech and the press, but it 
is at variance with the spirit of liberty, and assur- 



THE AMENDMENTS. 261 

ances were demanded that it would never be prac- 
ticed by our government. Every person is free to 
speak or write his opinion on any subject, but this 
docs not include the right to utter falsehoods that 
would injure another. Freedom can extend only 
so far as it does not injure others or interfere with 
their rights. 

Right to Petition.— England had at times re- 
fused the people the right to assemble and petition 
the king, on the ground that it was to prevent insur- 
rection. Bodies of men assembled, sometimes 
threaten a government, but a government is weak, 
indeed, and unworthy the confidence of the people 
if it fears such assemblies. 

Article II. "A well-regulated militia being necessary to 
the security of a free state, the right of the people to keep 
and bear arms shall not be infringed." 

Right to Keep and Bear Arms.— The people, 
or certain specified portions of them, constitute the 
militia, and have been found to be of valuable assist- 
ance in times of danger. Were they deprived of the 
right to keep arms, the regular army under an un- 
scrupulous leader might usurp the liberties of the 
people; but the militia being somewhat trained, and 
free to keep arms, would be able to counteract any 
such attempt at usurpation by any army that a re- 
public should keep in time of peace. But this 
amendment does not convey to the people the right 
to carry concealed weapons. 

Aeticle III. "No soldier shall, in time of peace, bo quar- 
tered in any house without the consent of the owner, nor 
in time of war, but in a manner to be prescribed by law." 



262 CIVIL GOVERNMENT. 

Quartering Soldiers.— The Declaration of Inde- 
pendence declares against "quartering large bodies 
of armed troops," for the people had been fre- 
quently annoyed by this for years before the Revolu- 
tion. People had been obliged to provide for the 
very soldiers that were sent to watch them and 
keep them in subjection, and this w T as a point on 
which they desired special assurance. 

Akticle IV. "The right of the people to be secure in 
their persons, houses, papers, and effects, against unreason- 
able searches, and seizures, shall not be violated, and no 
warrants shall issue, but upon probable cause, supported by 
oath or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized." 

Right of Search. — Liberty is not complete un- 
less a person is secure in the unmolested possession 
of his property. Unwarranted searches had often 
been made by soldiers and officers prior to the Kev- 
olution, much to the discomfort of citizens. This 
article was an assurance that no searches for prop- 
erty illegally held could be made without proper 
warrant issued upon probable cause, and especially 
designating the place to be searched. 

Article V. "No person shall be held to answer for a 
capital or otherwise infamous crime unless on a present- 
ment or indictment of a grand jury, except in cases arising 
in the land or naval forces, or in the militia when in active 
service in time of war, or public danger; nor shall any 
person be subject for the same offense to be twice put in 
jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due process of 
law; nor shall private property be taken for public use 
without just compensation." 



THE AMENDMENTS. 263 

Rights in Criminal Cases.— The first provision 
of the last clause is intended to assure to every per- 
son the right of a preliminary hearing before some 
authorized body, before he can be formally accused 
and placed on trial for any great crime. It is a 
safeguard against hasty trials. But an exception 
is made in military affairs, because in time of dan- 
ger prompt action is necessary to good discipline. 
Court-martial is then the court of justice, and its 
proceedings are very informal. No person shall be 
tried a second time for the same offense; that is, 
after he has been once acquitted, he can not be 
called to answer for the same offense again. In a 
criminal case, the accused is not compelled to testify 
against himself. This idea probably resulted from 
the old method of torturing the accused to secure 
confessions. Xo right of a person can be taken 
from him without due process of law, and for prop- 
erty, just compensation. These w T ere assurances 
that the people felt that they were entitled tc. 

Article VI. "In all criminal prosecutions the accused 
shall enjoy the right to a speedy and public trial by an im- 
partial jury of the state and district wherein the crime shall 
have been committed, which district shall have been pre- 
viously ascertained by law, and to be informed of the na- 
ture and cause of the accusation; to be confronted with 
the witnesses against him; to have compulsory process for 
obtaining witnesses in his favor; and to have the assist- 
ance of counsel for his defense." 

Rights of Accused — An accused person should 
have a speedy trial. If he is guilty the purposes of 
justice are better served by quick conviction, and 
if he is innocent he should be freed from the accu- 
sation as soon as possible. It is customary for trials 



264 CIVIL GOVERNMENT. 

to be held at the next term of court, two or more 
terms usually being held in each district every year. 
The trial is public. Sometimes the doors are closed 
against spectators for the sake of decency, but the 
records are open to inspection. Impartial juries 
are obtained by a system of drawing and question- 
ing, as heretofore explained. The accused has the 
right to know of what he is accused, and this is 
set forth in the warrant and in the pleadings. All 
witnesses against him testify in open court, either 
by deposition or in person, so that the accused may 
have opportunity to refute false testimony. Per- 
sons who could prove the innocence of the accused 
might, for various reasons, not desire to appear and 
testify, but it is right that they should be com- 
pelled to do so. Further, the accused, though too 
poor to obtain counsel, should have rights equal 
with the .rich; therefore, counsel is furnished him at 
public expense. 

Article VII. "In suits at common law, where the 
amount in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved; and no fact tried 
by a jury shall be otherwise re-examined in any court of 
the United States, than according to the rules of common 
law." 

Juries in Civil Cases.— This article is for the 
purpose of securing to the people the right of trial 
by jury in civil as well as criminal cases, and adds 
another privilege to the lists claimed by them. It 
further provides that when any fact has been acted 
upon by a jury, it shall not be taken before a court 
of the United States and again acted upon, but must 
follow T the principles of common law. 



THE AMENDMENTS. 265 

Article VIII. 'Excessive bail shall not be required, nor 
excessive lines imposed, nor cruel and unusual punishments 
inflicted." 

Bail, Fines and Punishment.— This clause is 
very indefinite, but serves to call attention to the 
lawmakers that they are to take the rights of the 
people into consideration. Excessive bail might 
prevent an innocent person from securing it, and 
subject him to long imprisonment. Small offenses 
might be punished by fines so heavy as to render 
the payment impossible or unjust, and the purpose 
for which they were imposed would be thwarted. 
Cruel punishments are no longer tolerated in any 
civilized nation, but one hundred years ago whip- 
ping posts and the like were hardly out of date. 

Article IX. "The enumeration in the constitution of cer- 
tain rights shall not be construed to deny or disparage oth- 
ers retained by the people." 

Enumerated Rights.— The constitution enumer- 
ates certain rights belonging to the people, and it 
was feared that the general government might as- 
sume that these were all the rights that the people 
could claim, so this clause was inserted to prevent 
any such assumption on the part of the nation. 



Article X. "The powers not delegated to the United 
States by the constitution, nor prohibited by it to the states, 
are reserved to the states respectively, or to the people." 

Powers not Delegated.— The last two articles 
have a very similar import, namely, that all powers 
not enumerated as belonging either to the states or 



266 CIVIL GOVERNMENT. 

the nation shall be considered as belonging to the 
states or people. Certain powers are delegated to 
the United States, and certain others are forbidden 
to the states by the constitution. All others be- 
long to the states^ and upon these clauses the advo- 
cates of state rights have based many of their argu- 
ments. 

Article XI. "The judicial power of the United States 
shall not be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United States 
by citizens of another state, or by citizens or subjects of 
any foreign state." 

Suit Against a State. — The eleventh amend- 
ment was adopted in 1798. Suits in the federal 
courts by citizens against states proved to be a con- 
stant source of irritation to the states. States pre- 
ferred to have suits against themselves brought in 
their own courts; therefore, the constitution was 
amended to that effect, as has been noted in the 
second section of the judicial department. In fact, 
now no state can be sued by private individuals, but 
must obtain redress for grievances through the legis- 
lature. Therefore, states may repudiate their debts 
at pleasure, and some states have done this. 

Article XII. "The electors shall meet in their respective 
states and vote by ballot for president and vice-president, 
one of whom at least shall not be an inhabitant of the same 
state with themselves; they shall name in their ballots 
the person voted for as president and in distinct ballots the 
person voted for as vice-president, and they shall make 
distinct lists of all persons voted for as president and of 
all persons voted for as vice-president, and of the number 
of votes for each; which lists they shall sign and certify, 



THE AMENDMENTS. 267 

and transmit sealed to the seat of government of the 
United States, directed to the president of the senate. 
The president of the senate shall, in the presence of the 
senate and house of representatives, open all the certifi- 
cates, and the votes shall then be counted; the person hav- 
ing the greatest number of votes for president shall be 
president, if such number be a majority of the whole 
number of electors appointed; and if no person have such 
majority, then from the persons having the highest num- 
bers not exceeding three on the list of those voted for as 
president, the house of representatives shall choose imme- 
diately, by ballot, the president. But in choosing the presi- 
dent, the votes shall be taken by states, the representation 
from each state having one vote; a quorum for this purpose 
shall consist of a member or members from two-thirds of 
the states, and a majority of all the states shall be neces- 
sary to a choice. And if the house of representatives shall 
not choose a president whenever the right of choice shall 
devolve upon them, before the fourth day of March, next 
following, then the vice-president shall act as president, as 
in the case of the death or other constitutional disability of 
the president. 

"The person having the greatest number of votes as vice- 
president, shall be the vice-president, if such number be a 
majority of the whole number of electors appointed, and 
if no person have a majority, then from the two highest 
numbers on the list the senate shall choose the vice-presi- 
dent; a quorum for the purpose shall consist of two-thirds 
of the whole number of senators, and a majority of the 
whole number shall be necessary to a choice. But no per- 
son constitutionally ineligible to office of president shall be 
eligible to that of vice-president of the United States." 

Election of President and Vice-President — 

This amendment was adopted in 1804, and w T as the 
result of the rise of political parties. It has been 
folly discussed under the first section of the execu- 
tive department. 



268 CIVIL GOVERNMENT. 

Article XIII, Section 1. "Neither slavery nor involun- 
tary servitude, except as a punishment for crime, whereof 
the party shall have been duly convicted, shall exist within 
the United States, or any place subject to their jurisdic- 
tion." 

Abolition of Slavery.— In 1863 President Lin- 
coln issued his famous Emancipation Proclamation, 
"That on the first day of January, in the year of our 
Lord one thousand eight hundred and sixty-three, 
all persons held as slaves within any state, or desig- 
nated part of the state, the people whereof shall be 
in rebellion against the United States, shall be then, 
thenceforward, and forever free." Under ordinary 
circumstances the president would have had no such 
authority; but in times of war or great danger, he, 
as commander-in-chief of the army and navy, has 
extraordinary powers, and often resorts to what are 
called war measures. The proclamation was issued 
in accordance with this power, and the slaves were 
considered free; but in 1865 congress formally in- 
dorsed the proclamation by proposing the thirteenth 
amendment, which was at once ratified by the state 
legislatures. 

Article XIII, Section 2. "Congress shall have power to 
enforce this article by appropriate legislation." 

Power of Congress. — The second section of the 
amendment seems unnecessary, as the authority to 
enact a law would seem to carry with it the au- 
thority to execute it. But it must be remembered 
that the amendment was only proposed by congress, 
and had to be ratified by the states, and, further, 



THE AMENDMENTS. 269 

that slavery bad been considered by many as a state 
institution; therefore, it was necessary now to place 
it entirely under the control of the general govern- 
ment. 

Article XIV. Section 1. "All persons born or natural- 
ized in the United States, and subject to the jurisdiction 
thereof, are citizens of the United States and of the state 
wherein they reside. No state shall make or enforce any 
law which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state deprive 
any person of life, liberty, or property, without due process 
of law, nor deny to any person within its jurisdiction the 
equal protection of the laws." 

Citizenship. — The thirteenth amendment gave 
freedom to the slaves; the fourteenth gave them 
citizenship. It was the second step in raising the 
negroes, in the light of law, to an equality with the 
white people. It was proposed in congress in 1SGG 
and became a part of the constitution in 1S6S. The 
first section not only declares citizenship of all per- 
sons born in the United States, but provides that no 
state shall make laws that will in any way deprive 
any persons of this right or abridge it in any way. 
Most of the amendments were to limit powers of 
congress; this was to limit powers of states. 

Article XIV, Section 2. ''Representatives shall be ap- 
portioned among the several states according to their re- 
spective numbers, counting the whole number of persons 
in each state, excluding Indians not taxed. But when the 
right to vote at any election for the choice of electors for 
president and vice-president of the United States, repre- 
sentatives in congress, the executive and judicial officers 
of a state, or the members of the legislature thereof, is de- 



270 CIVIL GOVERNMENT. 

nied to any of the male inhabitants of such state, being 
twenty-cne years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebel- 
lion or other crime, the basis of representation 'herein shall 
be reduced in the proportion which the number of such 
male citizens shall bear to the whole number of male citi- 
zens twenty-one years of age in such state. ' 

Representation. — In determining representation 
under the constitution three-fifths of all slaves had 
been counted. Now, that there were no slaves, the 
representation in former slave states would be in- 
creased. But, as states had the right to determine 
the qualifications of their citizens for voting, it was 
feared some of the states might impose such re- 
strictions as virtually to exclude the negroes from 
voting, and still the states would enjoy the right 
of increased representation. This section was added 
to counteract any such attempt. 

Article XIY, Section 3. "No person shall be a senator 
or representative in congress, or elector of president or 
vice-president, or hold any office, civil or military, under the 
United States, or under any state, who, having previously 
taken an oath, as a' member of congress, or as an officer 
of the United States, or as a member of any state legisla- 
ture, or as an executive or judicial officer of any state, to 
support the constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But congress 
may, by a two-thirds vote of each house, remove such dis- 
ability." 

Political Disabilities.— Instead of dealing with 
those w r ho had rebelled against their government as 
the law r s for treason would allow, no punishments 
were inflicted, except the political disabilities noted 



THE AMENDMENTS. 27 1 

in the last section. Persons so recently in active 
rebellion against their country, after having taken 
an oath to support that government, could not well 
be entrusted at once with responsibilities in the 
national government. However, leniency, rather 
than severity, has been the policy of the govern- 
ment, and congress has from time to time removed 
these disabilities, until only a few remain. In a 
few years more the section will become obsolete in 
the natural course of events. 



Article XIV, Section 4, "The validity of the public 
debt of the United States, authorized by law, including 
debts incurred for payment of pensions, and bounties 
for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any 
state shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, 
or any claim for the loss or emancipation of any slave; but 
all such debts, obligations and claims shall be held illegal 
and void." 

Debts. — The national government, as well as the 
government of the Confederate States, had incurred 
large debts during the war. The last section not 
only assures creditors that the national debt will be 
paid, but it forbids the payment of the Confederate 
debt. This was to discourage aid and support to 
future insurrections and rebellions. This was, per- 
haps, an unnecessary provision, as there was no 
government left to assume the debt, and the 'states 
were hardly likely to take upon themselves individ- 
ually the responsibility. 



272 CIVIL GOVERNMENT. 

Article XI Y, Section 5. "Congress shall have power to 
enforce, h\ appropriate legislation, the provisions of this 
article." 

Power of Congress. — As in other amendments, 
the states in ratifying them, give to congress the 
power to enforce them. 

Article XY, Section 1. "The right of citizens of the 
United States to vote shall not be denied or abridged by the 
United States, or by any state, on account of race, color, or 
previous condition of servitude." 

Rights of Citizens.— The fifteenth and last 
amendment was ratified in 1870, and was the third 
and last step to secure to the former slaves all the 
rights of citizenship and suffrage. It is another 
limitation on the powers of states, as well as on the 
powers of the United States. The states may still 
prescribe the qualifications of voters, but such quali- 
fications must be general in their application, and 
can not be made "on account of race, color, or pre- 
vious condition of servitude." 

Article XV, Section 2. "Congress shall have power to 
enforce this article by appropriate legislation." 

Power of Congress.— Without this last section 
the states might claim all powers in the enforce- 
ment of this vital amendment, and the struggle for 
the entire emancipation of the slaves would have 
lost much of its force. 

Results.-— Thus the constitution stands to-day 
amended in really only three particulars: First, by 
the eleventh amendment, in respect to suits against 



THE AMENDMENTS. 273 

states; by the twelfth, in respect to the election of 
president and vice-president; and by the thirteenth, 
fourteenth, and fifteenth, in respect to the rights of 
former slaves. We can but wonder at the mar- 
velous wisdom of the framers of such a document. 
Under it our country has developed as no other 
country ever has in the history of the world. But 
it might be said that, under almost any form of gov- 
ernment, a nation with such resources and possibil- 
ities would have prospered. This might have been 
true in times of peace, but the strength and effi- 
ciency of our government have been tested by three 
wars, one of which was the greatest and most trying 
in the annals of modern warfare. Each war tended 
to strengthen rather than weaken our political in- 
stitutions, and we stand to-day, after the vicissi* 
tudes of over a hundred years, the wonder and ad- 
miration of the world, the land of promise of lib- 
erty-loving people from every nation on the globe. 



SUPPLEMENT. 



The legislature of 1897 made changes in laws which affect 
Civil Government for North Dakota as follows: 
Page 15.— Third line: two hundred. 

Page 17.— Cities of three wards elect two members at large. 
Page 23.— Clerk's salary not less than $10 nor more than $40. 
Page 27.— Examinations second Friday in March and last Friday 

in May, August and October. 
Page 28.— Teacher sends both reports to county superintendent. 
Page 29.— February 12th is a holiday. 
Page 30.— Towns and villages of over 200 inhabitants have debt 

limit of 5 per cent. 
Page 35.— Flags are to be displayed in seasonable weather. 
Page 43.— Assessor must be owner of real estate, his bond from 

$500 to $1,000. 
Page 44.— First line: second Monday of June. 
Page 45.— Persons give list of personal property only. Assessor 
examines real estate. He makes returns to auditor 
last Monday of June. 
Page 49.— Ninth line: six persons. Supervisors are the viewers. 
Page 60.— Cities of less than 600 inhabitants have only four 

aldermen, elected at large. 
Page 68.— County officers: also one assessor in each commis- 
sioner district in which there is territory not in civil 
townships. 
Page 77.— Second line: fifteenth day of September. 
Page 84.— Counties of 60 schools have deputies at a salary of 
$100 per year and $5.00 additional for each addi- 
tional school. 
Page 102.— Sixteenth line: at any place in the state. 
Page 125.— Fourth line from bottom: two thousand. 
Page 127.— Duties from line 18 to line 29 repealed. 
Page 133.— Sixth line: fifteen hundred. 
Page 134.— Eleventh line: seventy-five cents. Nine veterinarian 

districts. 
Page 148.— One member of Reform School board is appointed for 

two years. 
Page 150.— Soldiers' Home board elects its own chairman. 
Page 151.— Last two lines: five members, terms of four years. 
Page 152.— First four lines: Board authorized to proceed at 
once. School of Forestry: decided to be located at 
Bottineau, and provision made for the appoint- 
ment of a board of three. 
Page 153.— Shortening sentence: first two years, two months 
each 3^ear; next two years, 75 days each; next two, 
three months each; next four, 105 days each; 
thereafter, four months each. 
Page 157.— Last two lines: at head of each column and at end 

of each name and space there is a square. 
Page 160.— Eleventh and twelfth lines: a cross or other mark 
in the square at the head of the column or after 
each name. 
Page 165.— Sixteenth line: Personal property to amount of $10. 



INDEX. 



Abolition of slavery, 268. 

Adjournment, 202. 

Admission of states, 252. 

Affidavit, 100. 

Agricultural college, 14G. 

Agricultural department, 237. 

Albany plan, 176. 

Alderman, 60, 61. 

Alien, 155. 

Alliance, 222. 

Ambassador, 241. 

Amendments, 171, 254, 259. 

Annapolis convention, 182. 

Appellate jurisdiction, 91, 247. 

Appointive officers, 131, 239. 

Appointment, 239. 

Appraisers, 70, 71, 76. 

Appropriation, 221. 

Aristocracy, 10. 

Army, 215. 

Articles of confederation, 180. 

Assessor, 43, 45. 

Attendance, 33. 

Attorney General, 126. 

Auditor, 31, 71, 80, 124. 

Bail, 91, 265. 

Ballot, 157. 

Bankruptcy, 210. 

Base line, 37. 

Bible, 29. 

Biennial, 69, 115, 121. 

Bill of attainder. 219, 223. 

Bill of rights, 260. 

Bills, 118. 119, 205. 

Bills of credit, 223. 

Bismarck, 108. 

Blind asylum, 151. 

Board of agriculture, 137. 

Board of auditors, 139. 

Board of canvassers, 139. 

Board of conciliation, 103. 

Board of dential examiners, 142. 

Board of equalization, 87, 143. 

Board of health, 46, 87, 140. 

Board of high schools, 137. 

Board of medical examiners, 141. 



Board of pharmacy, 141. 
Board of trustees of public prop- 
erty, 137. 
Board of university and school 

land, 138. 
Board of veterinary examiners, 

135. 
Bond, 43, 56, 129. 
Bonds, 30, 85. 
Bridges, 41, 49. 
Cabinet, 235. 
Canvass, 22. 

Canvass of returns, 160. 
Capital, 144. 
Capitation tax, 220. 
Captures, 215. 
Census, 114, 192, 237. 
Central committee, 158. 
Certificate, 27. 
Certificate of election, 161. 
Certificate of nomination, 159. 
Charitable institutions, 108. 
Chief justice, 102. 
Circuit court, 244. 
Circuit court of appeals, 244. 
Citizen, 155, 250, 269. 
Civil action, 90. 
Civil service reform, 239. 
Civil township, 39, 40. 
City, 13, 52, 53, 58, 59. 
Clerk, 15, 20, 21, 22, 25, 26, 43, 

44, 78. 
Clerk of court, 72, 81. 
Coinage, 210, 222. 
Commander-in-chief, 122, 234. 
Commerce, 208, 220. 
Commissioner of agriculture and 

labor, 127. 
Commissioner of fish and game, 

133. 
Commissioner of insurance, 126. 
Commissioner of railroads, 128. 
Commissioner of university and 

school lands, 132. 
Commissioners of insanity, 88. 
Common school district, 14, 18, 

30. 



r275) 



276 



CIVIL GOVERNMENT. 



Common schools, 18. 
Commutation, 122. 
Concurrent jurisdiction, 91, 93. 
Concurrent resolution, 206. 
Conduct of election, 160. 
Confederation, 179, 222. 
Conference committee, 119. 
Congress, 188, 199. 
Congressional township, 36, 37, 

38. 
Congressman, 199. 
Connecticut constitution, 175. 
Constable, 43, 46, 78, 85. 
Constitutional convention, 109, 

182. 
Constitution, 110, 182. 
Consul, 235. 
Contract, 223. 
Copyright, 212. 
Correction line, 38. 
Coroner, 78, 85. 
Council, 61, 62. 
Counsel for accused, 101. 
Counterfeiting, 211. 
County. 13, 64, 65. 
County boards, 86. 
County commissioners, 40, 69, 

70, 80. 
County courts, 93. 
County judge, 74, 82. 
County physician, 86. 
County seats, 67, 68. 
County superintendent, 27. 
Course of study, 125. 
Court house, 70. 
Courts, 213. 
Crime, 90, 247. 
Criminal action, 90. 
Czar, 11, 201. 

Deaf and dumb asylum, 147. 
Debts, 51, 58, 63, 165, 256, 271. 
Declaration of Independence, 

178. 
Declaration of intention, 209. 
Declaration of rights, 111, 176. 
Declaring war, 214, 224. 
Defendant, 90. 
Definitions, 90. 
Democracy, 10. 
Deposition, 100. 
Deputy, 78, 130. 
Director, 20, 21, 22, 26. 



Direct taxes, 208. 

District court, 94, 95. 

District of Columbia, 217. 

District system, 18. 

Duties, 224. 

Early colonial developments, 

173. 
Early governments, 106. 
Education, 166. 
Educational institutions, 108. 
Election, 21, 22, 23, 55, 154, 155, 

226, 228. 
Election by the house, 229. 
Election by the senate, 230. 
Election officers, 21, 156. 
Elective franchise, 154. 
Elective officers, 156. 
Electors, 20, 154, 227. 
Emperor, 11. 
Enabling act, 108. 
Engineers, 60. 
Enumeration, 25, 114. 
Examination, 27. 
Executive, 121, 225. 
Executive department, 225, 234. 
Exemptions, 165. 
Export duties, 220. 
Ex post facto law, 219, 223. 
Federal courts, 245. 
Fees, 23, 27, 47, 79, 101, 117. 
Felony, 90, 214. 
Fines, taxes, etc., 31, 32. 
First continental congress, 177. 
First election, 55, 110. 
Fiscal, 124. 
Flags, 33, 35. 
Freedom of press, 260. 
Freedom of religion, 260. 
Freedom of speech, 260. 
Free text books, 33, 34. 
Fugitive criminals, 250. 
Fugitive slaves, 251. 
Game warden, 134. 
Governor, 67, 122. 
Grand jury, 98, 262. 
Grand model, 175. 
Great charter, 174. 
Great law, 176. 
Great seal, 123, 235. 
Habeas corpus, 90, 219. 
Hartford constitution, 175. 
Highways, 48, 49. 
Historical commission, 136. 



INDEX. 



277 



Holidays, 29. 

Hospital for the insane, 149. 

House of representatives, 116, 

189. 
Immigration, 127. 
Impeachment, 1(59, 194, 198, 242. 
Inaugural address, 233. 
Inauguration, 233, 258. 
Increased jurisdiction, 93. 
Independent district, 14, 16, 17, 

30. 
Industrial school, 151. 
Information, 99. 
Injunction, 90. 
Inspector, 156. 
Institute, 27. 

Interest and income fund. 31. 
Interior department, 237. 
Issue of fact, 90. 
Issue of law, 90. 
Jail, 70. 

Joint resolution, 206. 
Judge, 95. 

Judge of election, 21, 23. 
Judiciary, 89, 243. 
Jury, 96, 97, 98, 264. 
Justice, 43, 45, 78, So. 
Justice courts, 91, 92. 
Justice department, 237. 
Kaiser, 11. 
King, 11. 

Labor organizations, 127. 
Later colonial developments, 176. 
Legal tender, 223. 
Legislative district, 114. 
Legislative election, 115. 
Legislature, 112, 113, 120. 
Levy, 30. 

Lieutenant-governor, 122. 
Mandamus, 90. 

Marque and reprisal, 215, 222. 
Marshal, 56. 

Mayflower compact, 174. 
Mayor, 60, 61. 
Mechanic's liens, 73. 
Message, 241. 
Militia, 167, 216. 
Ministers, 235. 
Misdemeanor, 90. 
Monarchy, 11, 12. 
Mortgage, 72. 
Naturalization, 209. 



Navy, 216. 

Navy department, 236. 
Nominations, 158. 
Nomination by petition, 159. 
Normal school, 146. 
Notice of election, 21, 159. 
Oath, 233, 257. 
Oil inspector, 132. 
Oligarchy, 10. 
Ordinance of 1787, 181. 
Original jurisdiction, 94, 247. 
Overseers of highways, 43, 46, 

48. 
Overseers of the poor, 85. 
Pardon, 122, 238. 
Patents, 212. 
Patriarchate, 11. 
Penitentiary, 153. 
Permanent school fund, 138. 
Permit, 27. 

Personal property, 164. 
Petit jury, 99. 
Piracy, 214. 
Plaintiff, 90. 
Plutocracy, 10. 
Police magistrate, 60, 62. 
Political disabilities, 249, 270. 
Polls, 164. 
Poll tax, 32, 164. 
Poor, 41, 85. 
Postal service, 211. 
Postoffice department, 237. 
Pounds, 50. 
Preamble, 186. 
President, 24, 197, 229. 
Presidential election, 228, 2G7. 
Presidential electors, 227. 
President pro tempore, 115, 197. 
Prime meridian, 37. 
Probate, 75. 
Prohibition, 170. 
Property tax, 164. 
Protection of states, 253. 
Public debt, 208, 236. 
Public institutions, 143. 
Public territory, 253. 
Qualification of officers, 20, 26, 

129, 190, 197, 231. 
Quarantine, 140. 
Quartering soldiers, 262.. 
Quorum, 120, 200. 
Range, 37. 



278 



CIVIL GOVERNMENT. 



Ratification of the constitution, 

258. 
Real estate, 164. 
Reform school, 148. 
Register of deeds, 72, 80. 
Registration, 162. 
Regulation of commerce, 208. 
Representation, 189, 191, 270. 
Representation and taxation, 

191. 
Representative, 192. 
Reprieve, 122, 238. 
Republic, 11, 12. 
Revenue, 204. 

Revenue and taxation, 163. 
Right of search, 262. 
Rights of criminals, 263. 
Right to petition, 261. 
Salary, 30, 79, 117, 130, 202, 232, 

244. 
School board, 15, 17, 20, 23, 30. 
School district, 13. 
School month, day, etc., 28. 
School of forestry, 152. 
School of mines, 145. 
Scientific school, 152. 
Second continental congress, 178 
Secretary of state, 123, 235. 
Section, 38. 

Self-governing spirit, 174. 
Senate, 115, 196, 230. 
Senatorial district, 114. 
Senator, 194. 
Sergeant-at-arms, 193. 
Sheriff, 74, 82. 
Sidewalks, 57. 
Sites, 30. 
Slave trade, 218. 
Soldiers' home, 150. 
Speaker, 116, 193. 
Special district, 14, 15, 30. 
Special election, 117. 
Special session, 122, 241. 
Stamp act, 177. 
State boards, 135. 
State convention, 158. 
State credit, 166. 
State department, 235. 
State examiner, 131. 
State government, 105. 
Statehood, 106, 107. 
State officers, 121. 
State's attorney, 73, 81. 



State university, 145. 

Statistician, 127. 

Steps toward statehood, 106. 

Streets, 57. 

Subpoena, 100. 

Suits against states, 266. 

Summons, 92, 95. 

Superintendent of irrigation and 
forestry, 133. 

Superintendent of poor, 86. 

Superintendent of public in- 
struction, 125. 

Superintendent of schools, 76, 84. 

Supervisor, 43. 

Support of schools, 29. 

Supremacy of the nation, 256. 

Superme court, 101, 103, 243, 
247. 

Survey, 37. 

Surveyor, 77, 84. 

Sweeping clause, 217. 

Taxes, 164, 207, 220. 

Teachers, 16, 26, 28, 29. 

Term, 22, 116, 195, 226. 

Theocracy, 10. 

Tie, 22. 

Titles of nobility, 221, 223. 

Tonnage duties, 224. 

Town, 53. 

Township, 13, 36, 37, 38. 

Township officers, 43. 

Township meetings, 41, 42. 

Township system, 19. 

Treason, 248. 

Treasurer, 15, 17, 20, 21, 22, 24, 
26, 43, 44, 75, 83, 124. 

Treasury department, 236. 

Treaty, 222, 238. 

Trustee, 56. 

Tuition fund, 31, 32. 

Vacancy, 21, 26, 43, 56, 104, 117. 
130, 193, 196, 231, 240. 

Veterinarian, 134. 

Veto, 62, 119, 122, 205. 

Vice-president, 230. 

Village, 13, 52, 53, 54, 55. 

Voting precinct, 156. 

War department, 236. 

War measure, 222, 268. 

Weather bureau. 136. 

Weights and measure's, 211. 

Witness, 96, 100. 

Yankton, 106. 



